In order to deliver a personalised, responsive service and to improve the site, we remember and store information about how you use it. This is done using simple text files called cookies which sit on your computer. By continuing to use this site and access its features, you are consenting to our use of cookies.
To find out more about the way Informa Law uses cookies please go to our Cookie Policy page. Close

SHANGHAI YANLIU INTERNATIONAL FREIGHT TRANSPORT AGENCY CO LTD v EVERGREEN MARINE CORPORATION (TAIWAN) LTD

Chinese Maritime & Commercial Law Reports

SHANGHAI YANLIU INTERNATIONAL FREIGHT TRANSPORT AGENCY CO LTD v EVERGREEN MARINE CORPORATION (TAIWAN) LTD

[2016] 6 CMCLR 48

SUPREME PEOPLE'S COURT OF CHINA((CIVIL JUDGMENT))

Before Presiding Judge Shoujie,Deputy Judge Xiaohan,Deputy Judge Xiwu,Court Clerk Na

Carriage of good by sea – Jurisdiction dispute – Choice of New York court clause in bill of lading – Cargo carriage from Dalian, China to Baltimore USA – Lex fori – Chinese law requirement regarding actual connection of chosen forum with dispute – Whether New York court has connection with dispute – Unilateral right of choice of carrier that “this law and jurisdiction clause is intended solely for the carrier's benefit and may be unilaterally waived by the carrier, in whole or in part, before or after proceedings are commenced” – Whether this choice of court clause is thereby uncertain and unenforceable.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more