The Supreme People's Court recently released the Decision on Commending Outstanding Units and Individuals of Courts in China for 2021-2022. The Maritime Division of Guangzhou Maritime Court (GZMC) has been named an "Outstanding Unit of Court"! What are the work highlights of the Maritime Division of GZMC? Let's find out about it.

Outstanding Unit of Court

In recent years, the Maritime Division of GZMC has been following the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era to serve the big-picture interests and promote justice for the people and impartial administration of justice. Under the strategy of high-quality maritime trials, it has been elevating the quality and efficiency of trials and judicial credibility, ensuring high-quality maritime trials to serve and safeguard the high-quality development of Guangdong Province's maritime economy.

Holding court sessions promptly to resolve disputes under the principle of justice for the people

△ GZMC Circuit of Nansha Free Trade Zone hears a case

In adherence to the people-centered development philosophy, and by making good use of the mechanisms created under the principle of "We Serve the People", GZMC ensures that all cases are tried in accordance with the law, disputes are settled by diverse methods, auxiliary matters are addressed efficiently, and the public has access to quality and professional services. Its ultimate aim is to let people truly feel that fairness and justice are upheld.

△ GZMC receives a thank-you banner

GZMC frequently visits port and shipping businesses and participates in symposiums on legal issues concerning these businesses to keep abreast of the latest developments in the industry and listen to the people's expectations for the judicatory. In response to the needs of the interested parties, the GZMC Circuit of Nansha Free Trade Zone heard and ruled on a case efficiently, receiving great acclaim. GZMC always thinks for the people and provides fair and efficient judicial services for the people. For instance, it fairly and efficiently settled a case concerning back pay for overseas workers in only 10 days, and thus was given a thank-you banner and letter by the interested parties. In handling the cases related to "MV Angelic Power", it raced against time to seize the ship urgently and actively advanced relevant matters.

Becoming a vanguard among maritime courts by raising quality and efficiency

In recent years, the Maritime Division of GZMC has heard 1,031 cases at the first instance and concluded 961 cases. It strives to take the quality and efficiency of trials to an ever higher level.

First, ensuring high-quality and effectiveness of trials of foreign-related maritime cases

In the case regarding "Casos" ship cargo damage dispute, GZMC issued a maritime injunction to the defendant, requiring it to withdraw its application for anti-suit injunction in the UK within a specified timeframe. It was the first effectively enforced maritime injunction in the form of "anti-anti-injunction" issued by a Chinese court. In settling a sham action case, the Court imposed judicial punishments on the violator in accordance with the law, including a fine of RMB 100,000, demonstrating judicial authority and guiding good legal action practice. Its acceptance of Sinoway Shipping Limited's application for establishing limitation of liability for maritime claims fully reflects the equal protection of the Hong Kong parties' rights related to the liability of maritime claims. In handling the case of personal injury liability of Lai and other two persons, the Maritime Division of GZMC actively guided the parties to seek legal aid, and this case was named one of the ten typical civil legal aid cases in Guangdong Province in 2021.

Second, highlighting the mediation and withdrawal of cases to resolve the contradictions of judicial needs 

The litigation proceedings of the marine salvage contract dispute and related case between Zhengli Offshore and Dongfang Xiandao remained unclosed for nearly 10 years, as it involved substantial contradictions among the parties and many complexities. In view of this, GZMC, on the basis of verifying the facts, patiently and meticulously mediated between the parties, thus bringing the protracted procedures to an end. GZMC also resolved through mediation two cases involving social and people's livelihood issues and received a thank-you banner from the parties in both cases: the case concerning Qin, the chief engineer of the ship "Yueping 268", who got drunk and fell into the sea; and the wharf dispute case concerning Guangdong Guangwu Logistics Co., Ltd., which originated from urban redevelopment of Guangzhou. GZMC settled a case concerning heat damage in soybean cargo. A Marshall dry bulk carrier carried 65,000 tons of soybeans from Brazil and unloaded them to the Xinsha Wharf of Guangzhou Port. A dispute over heat damage in soybean cargo occurred. The assessment reports of both parties set out significantly different opinions on the cause and amount of the damage. The judge, by delving deep into the expertise of soybean transport, production and testing, successfully resolved this foreign-related case.

Third, enhancing trial management to elevate the refinement and standardization level of trials

GZMC has optimized the assignment of responsibilities among departments according to the case closure data and the trial results of teams, to ensure that all responsibilities are duly fulfilled. The judges of the Maritime Division have been designated as the supervisors of the long-standing unsettled cases of the Maritime Division, Zhuhai Division, Shantou Division and Zhanjiang Division. The responsible judges are frequently asked to give updates on case handling progress and provided with guidance for them to close the cases under a good plan so that all unsolved cases can be settled early.

Fourth, carrying out trials steadily even during the pandemic, showing a high level of commitment

In early November 2022, Haizhu District, Guangzhou imposed a district-wide lockdown to combat COVID-19. In response to this, the Maritime Division's judge teams promptly switched to the "online mode" for case hearings, demonstrating a strong sense of responsibility and a high level of dedication. No scheduled trials were delayed or postponed due to the pandemic. During the COVID-19 lockdown, online hearing, mediation, panel discussion, processing, and electronic service were adopted to settle cases. The ship in a case traded via an auction transaction was delivered to the vendee on schedule during the strictest lockdown, so the legitimate rights and interests of all parties concerned were protected.

Fifth, converting results into publications to promote its best practices

GZMC published a number of papers in the People's Judicature. Several of its papers garnered the first and second prizes at the Guangzhou Maritime Law Forum, as well as the first and second prizes at the 28th National Symposium on Maritime Trials; several case studies received the second prize and excellence award for excellent cases of Chinese courts in 2020; several cases were included among the cases of the year of Chinese courts in 2020; and one case won the first prize from the Gazette of the Supreme People's Court. In addition, two cases were named ten typical maritime cases in China by the Supreme People's Court in 2022 and 2021 respectively, and they are the case of dispute over contract on carriage of goods by sea between China Life Property & Casualty Insurance Company Limited Hunan Branch and Woba Shipping Co., Ltd.; and the case of dispute over crew employment contract between Jason Pacquia and other six persons and Angeliki Dynamis Investment Corporation.

Sixth, collective discussion to strictly control the quality of case handling

When the responsible judge or the collegial panel is not 100% sure of the trial outcome, both senior judges and young judge assistants will propose court-wide collective discussions of the tricky issues, whether in summary or ordinary procedure. This practice ensures the quality of case handling and keeps the adjudicative criteria consistent. Take a case of dispute over crew employment contract as an example. The summary procedure was adopted, but the facts of the case stated by the defendant were completely different. With a great sense of responsibility to the parties, GZMC made a detailed trial plan after discussion. During the court session, the judge asked the plaintiff a string of questions, such as "Where is the ship domiciled?" "Has the ship experienced a violation or major accident?" "Has there been maintenance?" The plaintiff failed to answer these questions, admitting that it had made a false statement. Eventually, it withdrew the proceedings and made a statement of repentance. The case handling results were good. Take the series cases involving Typhoon Mangkhut as another example. Even though the court-wide meetings of judges had been held to discuss whether the typhoon constituted force majeure and what factors needed to be considered, the Court communicated with the parties on the verification of the legal relationship of specific cases and the reasoning of the judgment, ensuring the same kind of cases had the same kind of judgment.

Honors and commendations are encouragement and motivation. Going ahead, GZMC will stay true to its original aspiration and mission and gather strengths for greater achievements!