Chinese Maritime & Commercial Law Reports

Maritime salvage – Oil tanker grounded in Chinese waters – Shipowner and salvor concluded salvage contract on basis of pre-agreed charge rates for refloating vessel via towing – Local maritime safety administration ordered refloating the vessel via lightering (offloading oil) – Salvage vessels did not conduct towing – Doctrine of “change of circumstances” in Chinese contract law – Whether shipowner can request reduction of salvage charge – Salvage contract on the basis of “no cure no pay” – Whether cargo owner should be joined as third party in lawsuit filed by salvor against shipowner – Whether shipowner shall assume 100 per cent salvage charge or a part of the charge in proportion to salved value of vessel – Salvage Convention 1989 – Chinese Maritime Code, chapter IX.

Carriage of goods by sea – Rolled steel – Pre-loading survey – Broken package and rust of cargo – Mate's receipt recorded cargo damage – Shipper provided letter of indemnity for clean on board bill of lading – Whether issuance of bill of lading against letter of indemnity constituted maritime fraud – Court's review of cargo survey report in destination port – Right of subrogation – Right by reason of assignment – Right of suit of lead insurer who insured part of the cargo – Maritime fraud – Tortious liability – Time bar – Whether the one-year time bar defence available to servant or agent of the carrier – Hague-Visby Rules – Relationship between Chapter IV and Chapter XIII of Chinese Maritime Code.

Contract of carriage of goods by sea - Subrogation claim of the cargo insurer - Sinking of carrying ship M/V MOL Comfort - Total loss of the goods - Choice of Japanese law in bill of lading back clauses - Court's review of standard contract clause - Exemptions available to the carrier - Carrier's obligation of ensuring seaworthiness of vessel - Due diligence - Defective design of ship - Latent defect.

For the purpose of the correct trial of cases over marine freight forwarding disputes and for the protection of the lawful rights and interests of the parties concerned, in accordance with the General Principle of the Civil Law of the PRC, the Contract Law of the PRC, the Maritime Code of the PRC, the Civil Procedure Law of the PRC, the Special Maritime Procedure Law of the PRC and other laws and regulations, and in combination with judicial practices, these Provisions are enacted.

Reply of the Supreme People's Court regarding Commencement Date of Time Bar where the Marine Insurance Contract Insurer Exercises Right of Subrogation has been adopted at the 1628th meeting of the Judicial Committee of the Supreme People's Court on 27 October 2014. It is hereby announced and it shall take effect as of 26 December 2014.

Provisions of the Supreme People's Court on Several Issues Concerning Application of Law to Arrest and Auction Sale of Vessels have been adopted at the 1631st meeting of the Judicial Committee of the Supreme People's Court on 8 December 2014. It is hereby announced and it shall take effect as of 1 March 2015.

The Regulations of the Supreme People's Court on the Issue of Jurisdiction in Maritime Lawsuits have been adopted at the 1674th meeting of the Judicial Committee of the Supreme People's Court on 28 December 2015. It is hereby announced and it shall take effect as of 1 March 2016.

The Regulations of the Supreme People's Court on the Scope of Cases Admissible to Maritime Courts have been adopted at the 1674th meeting of the Judicial Committee of the Supreme People's Court on 28 December 2015. It is hereby announced and it shall take effect as of 1 March 2016.

Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Relevant Cases Occurring in Sea Waters Under the Jurisdiction of the People's Republic of China (I)

Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Relevant Cases Occurring in Sea Waters Under the Jurisdiction of the People's Republic of China.