Chinese Maritime & Commercial Law Reports

GUODIAN SHIPPING (HONG KONG) CO LTD v GENERAL NICE (TIANJIN) INDUSTRIAL CO LTD

Mutual recognition of civil judgment – Challenge of jurisdiction – Standard of judicial review of foreign/Hong Kong judgment.

[2020] 1 CMCLR 1

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

LI XIANMING v TIAN FEI

Mutual recognition of civil judgment – Judgment issued by UAE court – Treaty on mutual judicial assistance in civil and commercial matters between the UAE and China.

[2020] 1 CMCLR 14

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

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)

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)

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)

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)