NANHAI RESCUE BUREAU OF THE MINISTRY OF TRANSPORT v ARCHANGELOS INVESTMENTS ENE (THE “ARCHANGELOS GABRIEL”)

[2016] 7 CMCLR 1

SUPREME PEOPLE'S COURT OF CHINA(CIVIL JUDGMENT)

Before Presiding Judge Rong,Judge Yongjian,Judge Shumei,Judge Xiaohan,Acting Judge Zaiyu,Judicial Assistant Ling,Court Clerk Na

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.