i-law

Chinese Maritime & Commercial Law Reports

PLAINTIFF A v DEFENDANT B AND DEFENDANT C

[2016] 1 CMCLR 1
Jurisdiction dispute – choice of HK court clause – financial derivative transaction – alleged fraud – whether suing in tort can exclude choice of court clause

TIANJIN IRON & STEEL GROUP CO LTD AND OTHERS v NIAGARA MARITIME S.A.

[2016] 1 CMCLR 5
Carriage of goods by sea – salvage expense – insurer’s subrogation claim against carrier – B/L – arbitration clause in time C/P – incorporation of arbitration clause

HONG KONG GUOYUAN INVESTMENT CO LTD v INTEGRITY INVESTMENT CO., LTD

[2016] 1 CMCLR 8
Justification dispute – equity share transfer contract – buyer to pay part of transfer price by its real estate – exclusive jurisdiction of court at real estate place regarding real estate dispute – choice of HK court clause – whether this is real estate dispute or equity share transfer dispute

HUIZHOU HONGYU TRADING CO LTD v EVERGREEN MARINE CORPORATION

[2016] 1 CMCLR 11
Carriage of goods by sea – judicial seizure by court – cargo delivered by judicial keep to third party – delivery of goods without B/L – exemption of carrier’s liability

COSCO ZHEJIANG INTERNATIONAL FREIGHT CO LTD, WENZHOU BRANCH v TOPPING ENTERPRISES LIMITED, LINKWAY SHIPPING INC. AND SHENZHEN DAXI SHIPPING COMPANY

[2016] 1 CMCLR 18
Voyage charter dispute – claim under voyage charter – bill of lading – carrier/actual carrier – whether the conception of actual carrier exists under voyage charter – time bar to sue

AIJIE COMPANY v CHENGFANG COMPANY

[2016] 1 CMCLR 29
Joint venture dispute – shareholder derivative lawsuit – arbitration clause in joint venture contract – whether arbitration clause applicable when shareholder sues joint venture enterprise

WUXI DAHUA GARMENTS CO LTD v DANMASHI GLOBAL LOGISTICS (SHANGHAI) CO LTD

[2016] 1 CMCLR 33
Carriage of goods by sea – forwarder’s certificate of receipt (FCR) – shipper’s request – carrier’s duty of issuing B/L – time bar to sue – foreign currency verification – batch verification by Chinese foreign exchange administration authority

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