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HAINAN ISLAND SANYA SUNRISE TOURISM CO LTD v COFCO HOTEL (SANYA) CO LTD
[2022] 1 CMCLR 1
Contract – Invalid arbitration clause – Jurisdiction – Foreign-owned enterprises.
UNION OF ARAB AND FRENCH BANKS (HONG KONG) LTD v BANK OF CHINA LTD, HENAN BRANCH
[2022] 1 CMCLR 4
Letter of guarantee – Claim under guarantee – Determination of fraud – Evidence – Incorrect application of the law.
BANK OF EAST ASIA (CHINA) LTD, SHANGHAI BRANCH v JIANGSU PUHUA CO AND OTHERS
[2022] 1 CMCLR 10
Letter of credit – Bill of lading forgery – UCP 600 – Factual and procedural errors of court below – Bona fide negotiating bank – Recusal – Due diligence
MITSUI CORPORATION OSK LINES LTD v NANJING HAIQIAO INDUSTRIAL CO LTD AND OTHERS
[2022] 1 CMCLR 16
Contract – Carriage of goods by sea – Cargo causing damage to vessel in bad weather – Parties to contract – Statute of limitation – Error in application of law.
SHENZHEN NANSHAN HUMAN DEFENCE COMPANY ENGINEERING PROTECTION EQUIPMENT CO v YUEHEXING LASER TOOLING (SHENZHEN) CO
[2022] 1 CMCLR 22
Collision – Accident occurring between two yachts during a sailing race – Damage to vessels – Whether collision the result of malicious and deliberate intent – Liability for payment of repair costs.
IM GLOBAL LLC v TIANJIN NORTH FILM CO LTD
[2022] 1 CMCLR 35
Arbitration award – Recognition and enforcement of award – Independent Film and Television Alliance – Memorandum of understanding – Agency – Service of documents – New York Convention – French Civil Code.
ROYAL FOOD IMPORT CORPORATION v YANTAI ROKXY IMPORT & EXPORT CO LTD
[2022] 1 CMCLR 44
Arbitration – Recognition and enforcement of award – Identification of parties to the contract – Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention).
PEOPLE’S INSURANCE COMPANY OF CHINA LTD, ZHUHAI BRANCH v GUANGZHOU OUHUA INTERNATIONAL FREIGHT FORWARDING CO
[2022] 1 CMCLR 48
Carriage of goods by sea – All-risks insurance policy – Loss of cargo when carrying vessel sank – Latent design defect in vessel – Proof of unseaworthiness.
TRITON CONTAINER INTERNATIONAL LTD v YANGPU ECONOMIC DEVELOPMENT ZONE CONSTRUCTION INVESTMENT DEVELOPMENT CO LTD AND ANOTHER
[2022] 1 CMCLR 55
Arbitration award – Recognition and enforcement – Lease of shipping containers – Jurisdiction – Jointly and severally liable – New York Convention.
AWARD ON DISPUTE OVER LIQUIDATED DAMAGES FROM SUPPLY AGREEMENT OF MARINE LUBE OIL
[2022] 1 CMCLR 62 (CMAC)
Supply agreement of marine lube oil – Overdue payment – Whether it constituted breach of contract when changing other lube oil – “Overdue fine” as liquidated damages for delayed performance – Calculation of default time – Whether it could be tenable for anticipatory benefit – General Principles of the Civil Law of the People's Republic of China – Contract Law of the People's Republic of China
AWARD ON DISPUTE OVER LIQUIDATED DAMAGES AND OTHER EXPENDITURES FOR MV “RICHMOND”
[2022] 1 CMCLR 72 (CMAC)
Ship entrustment contract – Contract was not renewed – Whether the factual management existed – Documents of safety management system – Crew wages paid in advance, materials and spare parts, management fee etc – Liquidated damages – Article 107 and Article 114 of Contract Law of the People's Republic of China.
AWARD ON THE DISPUTE OVER SHIPPING ORDER
[2022] 1 CMCLR 78 (CMAC)
Shipping order – Wrong delivery of goods – Issuing original B/L – Establishment of contractual relationship of international carriage of goods by sea – Changing collection B/L into telex release – Whom the goods should be delivered to – Who had the right for compensation – Limitation of action – Whether foreign exchange had been cancelled after verification – Exemption of the liability of compensation – Maritime Code of the People's Republic of China.