Guangzhou Maritime Court: “Tripartite Winning” Mediation Scheme to Help Solve 30 Cases

Updated:2023-05-04 Views:1213

At the Litigation Service Center of Guangzhou Maritime Court (GZMC) on April 4, 2023, the defendant, a company in Shenzhen, presented a banner to the judge in person and sincerely appreciated the just and efficient case handling of the judge team from the GZMC for successfully mediating the 10 retrial cases regarding Mr. Xia, etc. and saving the company; clearly expressed the respect and gratitude for the careful, responsible and people-serving judicial attitude of the court's police officers.

In 2019, the vessel of Mr. Xia, etc. for business purposes was mortgaged by a company in Shenzhen, the registered owner of the vessel, which was the cause of a series of disputes. The case series involved chartering, borrowing, mortgage, and multiple legal relationships as well as multiple disputes of arbitration and litigation (including the local court and this court), which made the case very complicated. The case series was distributed among several sectors including the head office, the detached tribunal, and the enforcement office of the GZMC. Due to the complexity of the case and the intertwined legal relationships, the case reached a deadlock.

In order to help the enterprise out of the impasse and solve the people's worries as soon as possible, the team of judges from the Maritime Tribunal of the GZMC took the responsibility under the court’s leadership. Through six days of fact-finding, they clarified multiple legal relationships including mortgage, charter, loan, etc., patiently and meticulously coordinated the interests of the debtor, creditor and mortgagee, and raised the “tripartite winning” mediation scheme to balance their interests, which promoted the mediation of 10 cases and the package solution of about 30 related cases. Mr. Xia took back the vessel and 90% of the creditor’s rights were realized, which effectively resolved the contradiction, maintained social stability, and positively conveyed the warmth of justice. While resolving the masses' disputes in a practical way, the team of judges from the GZMC demonstrated their judicial ability and professional excellence.