- Home/Publications/Chinese Maritime & Commercial Law Reports
DAIHO SANGYO CO LTD v SHANDONG HAOHAN ENERGY CO LTD
[2021] 1 CMCLR 1
Arbitration award – Application for recognition of foreign award – Contractual dispute – Japan Commercial Arbitration Association – New York Convention.
CHINA PINGMEI SHENMA GROUP KAIFENG CARBON CO LTD v SANGRAF INTERNATIONAL INC
[2021] 1 CMCLR 10
Arbitration agreement – Validity – UNCITRAL rules – Applicable law – Whether employee acting in personal or professional capacity.
SHANGHAI JIA SHIP MACHINERY EQUIPMENT IMPORT & EXPORT CO v MEX MARINE ENGINEERING EQUIPMENT CO
[2021] 1 CMCLR 16
Award – Recognition – Performance of contract – Deprivation of right to defend – Composition of tribunal – Public policy – LMAA – New York Convention.
AMLIN INSURANCE SE v CHENZHOU SHIPPING GROUP CO
[2021] 1 CMCLR 22
Insurance (marine) – Cargo damage – Cancellation of insurance – Vessel release guarantee – Calculation of loss.
HANGZHOU JINXUAN APARTMENT MANAGEMENT CO LTD v ZHONG JINXIANG AND ANOTHER
[2021] 1 CMCLR 38
Arbitration award – Application to set aside – Incorrect composition of tribunal – Incorrect procedure.
AWARD ON THE DISPUTE OVER TERMINATION OF SHIPBUILDING CONTRACT FOR HULL NO. CIS57300/B-01
[2021] 1 CMCLR 42 (CMAC)
Shipbuilding contract – Claimant requested to suspend construction and postpone delivery of the ship – The third respondent should postpone payment of the ship – Whether the shipbuilding contract was subject to the contract for work or the contract for sales – Contract subjects, rights and obligations under the contract for financial leasing – Whether financial crisis could constitute “changes of objective circumstances” – Whether the shipbuilding contract had been terminated – Article 268 of the Contract Law of the People's Republic of China (the Contract Law).
AWARD ON THE DISPUTE OVER TERMINATION OF SHIPBUILDING CONTRACT FOR BULK CARRIERS OF 80,100 DEAD WEIGHT TONNAGE (DWT)
[2021] 1 CMCLR 50 (CMAC)
Shipbuilding contract – Serious tardiness – Whether it lost capacity to fulfil the contract – Whether it embezzled capital – Whether pledge could be established against steel plate, material and equipment – Unstable counterargument – Whether the contract could be terminated – Date for delivering the vessel did not come yet – Claimant was not entitled to cancel the contract – Contract Law of the People's Republic of China.
AWARD ON DISPUTE OVER REPAIR COSTS AND INTERESTS FOR H080646 “GREAT JUPITER”
[2021] 1 CMCLR 59 (CMAC)
Vessel repairing contract – Debts of vessel repair – Ship manager signed the Contract on Vessel Repairing and Agreement for Funds Payment – Registration of Bareboat Charter and Purchase – Who was the registered owner of the Ship – Who was the beneficiary of ship repair – Article 6 of Regulations of the People's Republic of China Governing the Registration of Ships.
AWARD ON A DISPUTE CONCERNING A BREACH OF A SHIP REPAIR CONTRACT
[2021] 1 CMCLR 63 (CMAC)
Ship repair contract – Whether the agent or the principal is a party to the contract – Formation of contract – Breach of contract – Payment of ship repair fee.