Bright Shipping Ltd v Changhong Group (HK) Ltd (The “CF Crystal” and the “Sanchi”) – Court of Appeal (Kwan VP and Barma JA) [2019] HKCA 1062 – 20 September 2019

Conflict of laws – Forum non conveniens – Collision at sea within exclusive economic zone of PRC – Plaintiff bringing proceedings against defendant in Shanghai Maritime Court and also in Hong Kong – Defendant applying for stay of Hong Kong proceedings on grounds of forum non conveniens and lis alibi pendens – Whether Hong Kong proceedings should be stayed in favour of Shanghai Maritime Court

On 6 January 2018 a collision occurred between the defendant’s cargo vessel CF Crystal and the plaintiff’s tanker Sanchi. The collision occurred at a location about 125 nautical miles from Changjiang Kou Light Ship in the East China Sea. Sanchi exploded immediately upon collision and eventually sank. Pollution resulted from the collision in the form of spilt bunkers and natural gas condensate. Some of the pollutant made landfall in the PRC as well as Japan.