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CHINA LIFE PROPERTY INSURANCE LTD RIZHAO CENTRE BRANCH v YASA EAGLE SHIPPING LTD
Marine cargo insurance – Carriage of soya beans by sea from Brazil to China – Cargo found heat damaged at discharge port in China – Cause of damage – Burden of proof – Moisture survey certificate at load port – Method of quantification of cargo damage – Insured's duty of mitigation of losses.
[2020] 1 CMCLR 5
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YANG MOUMOU 1 v CARNIVAL CORPORATION & PLC, CHINA TRAVEL SERVICE ZHEJIANG GROUP CO LTD
Personal injury – Passenger permanently disabled as a result of accident in swimming pool of cruise vessel – Governing law of tortious act – Law of vessel flag or place where tortious event occurred – Duty of care – Limitation of liability for maritime claims – Deprivation of owners’ limitation by reason of reckless conduct – Scope of compensation under the Interpretation of the Supreme People's Court of Some Issues Concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury.
[2020] 1 CMCLR 18
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AWARD ON THE DISPUTE OVER REFUNDS AND COMPENSATION FOR MV “ZHEN LE 56”
Contract for sales of ship – Burden recorded was not the same as the fact – Decrease of burden, respondent's liability for breach of contract – Delay to deliver the ship – Whether it was loss of operation or loss of sailing date – Article 138 of Contract Law of the People's Republic of China.
[2020] 1 CMCLR 31 (CMAC)
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AWARD ON THE DISPUTE OVER INSURANCE CLAIM DIFFERENCES ETC. FOR M.V. “NING AN 9”
Hull Insurance Policy/all risks insurance – Ship knocking against building berth of shipyard – Choice of repair scheme – Whether does the repair costs for restoring the former state include the consequential expenses of delay or out of usage – Exceptive agreement – Clauses of Insurance Policy.
[2020] 1 CMCLR 35 (CMAC)
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AWARD ON THE DISPUTE OVER COMPENSATION FOR DAMAGES FROM LOGISTIC SERVICE CONTRACT
Logistic Service Contract and Voyage Charter Party – Part of the cargoes lost and damaged – Relationship between the two contracts – Logistic Service Contract is the general contract of logistic services, as well as the international carriage of cargoes by sea – Identification for responsibility to damages of the goods – Whether it could be exempted according to Maritime Code of the People's Republic of China – Logistic Service Contract specifies the actual loss.
[2020] 1 CMCLR 40 (CMAC)
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AWARD ON THE DISPUTE OVER COMPENSATION FROM BREACH OF SALVAGE AND/OR TOWAGE CONTRACT
Contract of salvage and/or towage – Relationship between salvage and towage contract – Breach of contract – Payment of compensation and fees – Calculation of interest.
[2020] 1 CMCLR 46 (CMAC)