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DAESUNG INDUSTRIAL GASES CO LTD AND ANOTHER v PRAXAIR (CHINA) INVESTMENT CO LTD
[2020] 4 CMCLR 1
Arbitration agreement – Validity – Seat of arbitration – Foreign-related factors – Applicable law – SIAC arbitration.
SHANGHAI SHANGMEI COSMETICS CO LTD AND ANOTHER v NBA SPORTS AND CULTURAL DEVELOPMENT (BEIJING) LTD
[2020] 4 CMCLR 10
Arbitration agreement – Validity.
SHENZHEN XINNING MODERN LOGISTICS CO LTD v PICC PROPERTY & CASUALTY CO LTD, BEIJING BRANCH
[2020] 4 CMCLR 13
Insurance – Jurisdiction – Subrogation claim – Contract – Dispute over location where contract was signed.
PICC PROPERTY & CASUALTY CO LTD, NINGBO BRANCH v RICHFORESTS SHIPPING CO LTD
[2020] 4 CMCLR 16
Application for retrial – Validity of application – Vessel maintenance and compliance with safety requirements – Detection of defects – Civil Procedure Law – Interpretation of the Civil Procedure Law.
JUAN DE DIOS CRESPO PEREZ AND ANOTHER v DALIAN YIFANG FOOTBALL CLUB CO LTD
[2020] 4 CMCLR 19
Award – Recognition and enforcement – Jurisdiction – Chinese translation of contract – New York Convention.
SHENZHEN WEST LOGISTICS CO LTD v HANJIN SEA TRANSPORTATION CO AND ANOTHER
[2020] 4 CMCLR 28
Port operations – Container transportation and storage – Costs.
HANJIN SEA TRANSPORTATION CO v JOSCO NEW CENTURY FREIGHT SERVICE CO LTD
[2020] 4 CMCLR 38
Carriage of goods – Dispute over payments owing – Proper delivery of invoices – Identification of correct business entity.
BRENTWOOD INDUSTRIES INC v GUANGDONG VALVE ANLONG MACHINERY COMPLETE EQUIPMENT ENGINEERING CO
[2020] 4 CMCLR 43
Arbitration – Purchase of goods – Recognition and enforcement of award – ICC arbitration – Whether award a foreign-related award.
AWARD ON THE DISPUTE OVER FREIGHT FOR MV “SANKO RALLY”
[2020] 4 CMCLR 50 (CMAC)
Freightage – Cargoes were found damaged severely at the port of discharge, resulting in demurrage – Whether the contract involved was a voyage charter or a whole-course carriage service contract (multi-modal transport contract) – Who should bear demurrage charge and who should compensate for anticipated profit loss – Majority of the arbitrators think that it was a voyage charter – Claimant was the owner, not responsible for cargoes loss – Respondent was the charterer and it shall bear the demurrage charge – Maritime Code of the People's Republic of China (the Maritime Code).
AWARD ON THE DISPUTE OVER REFUND FROM SALVAGE CONTRACT FOR SALVAGE OF MV “NANXIA 9”
[2020] 4 CMCLR 62 (CMAC)
Contract for salvage of the sunk vessel – Not actually operate the salvage – Whether it constituted the apparent agency – Whether the contract was concluded – Not perform the contract – Contract termination – Liquidated damages – Security deposit for oil pollution risk – Article 94 of the Contract Law.
AWARD ON THE DISPUTE OVER TERMINATION OF CONTRACTS FOR SALES, REFUND AND LIQUIDATED DAMAGES ETC. FOR M.V. “SUJIANNAN”, M.V. “SUGAOUOU 88” AND M.V. “YUANSHUN 168”
[2020] 4 CMCLR 73 (CMAC)
Three contracts for ship sales – Delivery and acceptance of vessel – Ship Certificate transfer – Whether it constituted a breach of contract, or a termination condition, if Ship Operating Certificate was not cancelled in a timely manner – Whether the seller had right to dispose in one of the three contracts, whether the contract for sales was valid – Whether liquidated damages should be paid – Contract Law of the People's Republic of China (the Contract Law).