• Auctioning Movable Assets without an Exact Value: Their Secrets Revealed!

    2024-04-16

    A large pile of Guiboutia conjugata wood, the subject matter of a legal case, has been exposed to the elements for 4 to 5 years, and no one knows its exact weight. But it has been successfully auctioned by the Guangzhou Maritime Court (GZMC) based on the unit price! On March 18, 2024, after its weight was verified to be 386.29 tons in total, the wood was handed over to the successful bidder for a total transaction price of RMB 884,604. Is this type of auction legal? According to Judge Wang Qiang from the GZMC, the answer is yes. But can it protect the buyer's rights and interests? In fact, it is safe as long as the goods weight is verified! This innovative form of auction has enabled the long-standing backlog of assets involved in the case to be liquidated, preventing further deterioration and greater losses. This approach opens up new avenues for future auctions of large quantities of similar items. Three unsuccessful auctions turn the goods into a hot potato. This batch of Guiboutia conjugata came from Africa. In 2022, it was put up for three auctions by another court, but none was successful. Due to unpaid storage fees, the wood became the subject of a lawsuit brought by a dock company in Dongguan to the GZMC for enforcement. After accepting the case, the case handler visited the timber yard to investigate and analyze the reasons for failed auctions by another court. According to market practices, this type of wood is priced based on weight. But after years of staying in the open air, the wood had decayed significantly, resulting in a weight deviation from the original purchase order. So, what was the actual weight of the goods? The answer could only be known through a thorough inspection and weighing process. Yet, given the enormous quantity, weighing would be both laborious and potentially costly. Just the cost of loading, unloading and transportation could be significant, let alone appraisal fees. Without a high likelihood of a successful auction, the applicant was unwilling to bear these costs. And with only an estimated weight provided, bidders were understandably uncertain. These would risk another unsuccessful auction. Judge's innovative approach makes the wood popular in the auction. Faced with the challenge, the case handler considered bidders' concern about the significant discrepancies in total weight. Accordingly, the judge proposed a novel approach: auctioning based on the unit price of the same type of goods and calculating the total price based on on-site weighing after successful auction. After conducting thorough research in the local timber market, the case handler proposed a reference price based on the intended purchase unit price provided in writing by two mahogany furniture manufacturers. This proposal was then submitted to the collegiate panel for discussion, and they unanimously agreed on the proposal: auctioning the wood at a price per hundred tons, and calculating the total price of the goods based on on-site weighing upon successful auction. This new approach completely dismissed bidders' concerns. The auction for this batch of wood officially began at 10 a.m. on February 26, 2024. The starting price was set at RMB 100,000 per hundred tons, with increments of RMB 1,000 per bid. The auction webpage attracted nearly 4,000 viewers and 83 people set reminders, while 9 registered to bid after over a month of publicity. By 12:32 on February 27, after 105 intense bids and 96 extensions, the Guiboutia conjugata wood was sold at a price of RMB 229,000 per hundred tons, with a premium rate of 129%. Active justice: innovative solutions to online auction challenges. Mr. Han Tiegang, the person in charge of online judicial auctions at the GZMC, noted that auctioning bulk commodities based on unit prices can greatly alleviate bidders' concerns and stimulate the enthusiasm of potential bidders to participate in auctions. The starting price for the auction in this case was set per hundred tons to conform to the judicial auction system and to avoid an unduly low bidding threshold that might arise from insufficiently small deposits. In a unit-price auction, the starting price can be set per ton, per hundred tons, or per thousand tons, depending on the type of the item. Mr. Wu Guining, Director of the Enforcement Bureau, GZMC, stated that it was the first time for the Court to auction bulk commodities based on the unit price. No other court in China has conducted such an auction, according to a search on Alibaba's Judicial Auction Platform. Industry experts highlight that judicial auctions of bulk materials such as sand, gravel, coal, ore, and the like, have all encountered the aforementioned difficulties. The innovative bidding model introduced by the GZMC is a new approach and practice for solving these difficulties under the principle of promoting justice for the people.
  • Good Faith and Civility in Enforcement to Facilitate Settlement Between Parties

    2024-03-15

    The Enforcement Department of Guangzhou Maritime Court recently received a pennant from applicants for enforcement, Guan Xxi and Guan Xping. Adorned with the glittering words “Justice for the People, Enforcement with Efficiency”, the pennant expressed the applicants’ sincere gratitude to the Enforcement Department for its efficient and standardized enforcement. The successful closure of this case not only exemplifies the impartiality and majesty of the law but also showcases the efficiency and compassion that the court has demonstrated throughout the enforcement process. The case involves the dispute over the liability for personal injury at sea. The applicants, Guan Xxi and Guan Xping entered into a dispute with the respondent subject to enforcement, Tan X, over aquaculture waters. Their dispute later escalated and eventually led to fistfights, resulting in the injury of Guan Xxi and Guan Xping and their subsequent hospitalization for treatment. The court of first instance ruled that Tan X should be liable for 70% of the compensation. Not satisfied with the first-instance judgment, Tan X appealed against it. The original judgment was upheld in the second instance. Consequently, Guan Xxi and Guan Xping applied to Guangzhou Maritime Court for compulsory enforcement. Cai Xihong, an enforcement officer of Guangzhou Maritime Court, confessed that he faced quite a challenge when handling this case. To facilitate the enforcement, Cai Xihong tried to contact Tan X many times via phone but was unsuccessful. Despite the difficulty in locating Tan X, Cai Xihong did not give up. Instead, he visited the village where Tan X was living, conducting a thorough investigation and posting enforcement notices, in an effort to obtain updated information about Tan X. Guangzhou Maritime Court also acted promptly by requesting Yangjiang Municipal Public Security Bureau to seize a vehicle under Tan X’s name based on the mechanism of locating individuals and seizing vehicles. This action did produce a notable effect, forcing Tan X to contact the enforcement officer on his own, confiding his financial difficulties and dissatisfaction with the judgment. As such, the enforcement officer, Cai Xihong, patiently explained the law to Tan X, guiding him to recognize his faults. Eventually, the parties involved in the case reached a settlement, whereby Tan X agreed to fulfill his compensation obligations in installments. Following the principle of Good Faith and Civility in Enforcement, Guangzhou Maritime Court decisively took enforcement measures and effectively facilitated settling the case. This has not only protected the party subject to enforcement from having his vehicle auctioned but also safeguarded the rights and interests of creditors, thereby achieving a win-win outcome. Thanks to the court's professionalism and wisdom, the enforcement has brought about a sense of fairness and justice among the people. Guangzhou Maritime Court has continuously enhanced the quality and efficiency of its enforcement in recent years. In 2023, it ranked among the Top 5 courts in Guangdong province in terms of various quality and efficiency indicators, such as the closure rate of the first enforcement cases, the rate of actually closed cases with complete procedures, the rate of cases with effective enforced value, and the average time taken to close a case. By driving the high-quality development of the enforcement work, Guangzhou Maritime Court's efforts have been greatly appreciated by the applicants for enforcement. Such efforts have also underscored the positive role that the court plays in maintaining harmony and stability in society.
  • 3 GZMC Cases Included Among 2023 Outstanding Court Cases in China!

    2024-01-29

    On December 21, the Supreme People's Court released the list of 2023 Outstanding Court Cases in China, and three cases concluded by Guangzhou Maritime Court (GZMC) have been included in the list, one winning the Third Prize and two garnering the Merit Award. Third Prize Civil Case Shenzhen Cheer Logistics Technology Co., Ltd. v. Shenzhen Jiayu Technology Co., Ltd. Dispute over Contracts of Ocean Freight Forwarding − Burden and Claim of General Average Deposit Prepared by: Guangzhou Maritime Court Tan Xuewen, Zhang Weiquan, Wu Manting   Merit Awards Civil Case Chen v. Guangzhou Haoyun Chemical Co., Ltd. Dispute over Multimodal Transport Contract − Applicable Law to Cargo Damage in Multimodal Transport Section  Prepared by: Guangzhou Maritime Court Xu Chunlong, Liu Yufei   A.P. Moller Singapore Pte. Ltd. v. Shenzhen Z.S.H. Industry Co., Ltd., et al. Dispute over Liability for Maritime Property Damage − Lawful Consignment of Hazardous Chemicals Does not Constitute a Joint Dangerous Act  Prepared by: Guangzhou Maritime Court Luo Chun, Li Chunyu   The jury received 6,688 cases qualified for review, among which 585 winners were selected based on a comprehensive review of various aspects, such as applicable law application and values, by the elite judges, professors and prestigious legal experts designated by the Supreme People's Court, under the principles of fairness and impartiality and in adherence to high standards and strict requirements. Specifically, 22 cases won the First Prize, 115 Second Prize, 224 Third Prize, and 224 Merit Award. Heartened by the great news, GZMC will, under the guidance of the guiding principles of the 20th CPC National Congress, continue to implement Xi Jinping Thought on the Rule of Law, further promote the unified application of law to conclude cases under high quality standards, uphold the practice of integrating theoretical study and investigation and research, solidify, transform and concretize the results of investigation and research, ramp up themed education campaigns, and continuously guarantee the high-quality work of people's courts with high-quality investigation and research services.
  • Exciting News! GZMC Awarded "Outstanding Unit of Court"

    2023-12-26

    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!
  • Open Day of Guangzhou Maritime Court

    2023-11-07

    The Open Day event of Guangzhou Maritime Court (GZMC) was held on September 7. Students of Guangzhou Maritime University and the public were invited to the court to gain a first-hand perception of the legal atmosphere, an "immersive" experience of the rule of law, and a further understanding of maritime trials and achievements. Led by a guide, visitors walked through the court trial building, litigation service center, Internet tribunal, and culture gallery, directly perceived the achievements of the smart court construction while exploring daily routines of the court, and have a personal feeling of the warmth and affection of the people's court in exercising justice for the people. In the e-courtroom, visitors got an opportunity to observe a court hearing up close and personal. Particularly, as a court for maritime and admiralty trials, GZMC has a relatively large proportion of foreign-related cases. Hence, there is a simultaneous interpreting room in the e-courtroom, which can interpret two foreign languages at the same time and provide support for successful communication with foreign parties. Moreover, the guide also gave a detailed introduction to how the digital court hearing system was utilized in trials, which made visitors feel the fascination of the e-courtroom in helping the trials in an "immersive" manner. At the International Maritime Justice (Guangzhou) Base of the PRC Supreme People's Court, which was located on the top floor of the court building, visitors sat around a table and listened to a senior judge's explanation of the maritime trial and related legal knowledge. After the judge explained complicated cases in simple language, visitors acquired a deeper understanding and thoughts on the term "maritime trial". It is worth mentioning that in the rule of law lecture, the judge of GZMC also introduced to the students a website - China Maritime Trial, the latest achievement of digital maritime trials, and shared the development experience of this website. "China Maritime Trial is instrumental in trials for judges, offers convenient litigation services for foreign and domestic parties and lawyers, and provides an academic platform for maritime law research. It is the latest achievement of digitalizing maritime trials and an important window to showcase China's maritime justice to the world." According to the judge of GZMC, China Maritime Trial was launched on April 25, 2022 under the guidance of the PRC Supreme People's Court and the support of Guangdong High People's Court. The website was built by GZMC as an important window to showcase China's maritime justice to the world. It could further enhance the digitalization level of maritime trials, improve litigation services, and reflect the transparency in Chinese maritime justice. At the last stop of the journey, GZMC sent gifts to visitors like customized notebooks and legal knowledge manuals of China Maritime Trial, and organized a special "sticker" event for visitors to record their experience by painting. A student of Guangzhou Maritime University felt excited, "I had no idea of what the maritime trial is before, but through the judge's lecture today, I not only further understand the work scope and content of a maritime court, but also acquire the knowledge about maritime law, which is closely linked with my major. Now I have a clearer direction for my future study and career." Impart knowledge of law and make contributions silently. According to sources, the Open Day event is an important measure taken by GZMC to promote "Universal Access to the Law". In the future, GZMC will adhere to the goal of "Serving the People", continuously improve the rule of law at the grassroots level, enhance law publicity and education, and contribute to expanding the influence of maritime trials.
  • The Sixth Guangzhou Maritime Law Forum Held in Guangzhou

    2023-10-10

    The Sixth Guangzhou Maritime Law Forum was held in Nansha, Guangzhou on the afternoon of August 30, 2023. This forum, convened by Guangzhou Maritime Court (GZMC), was one of the four parallel sessions of the Guangdong-Hong Kong-Macao Greater Bay Area Rule of Law Forum co-sponsored by Guangzhou Law Society, Guangdong Province Law Society and China Legal Exchange Center. The theme of the forum was "Maritime Justice Serving and Safeguarding the Construction of International Shipping Hub". About 100 guests attended the forum, including persons in charge of GZMC, Administrative Committee of Guangzhou Nansha Development Zone, Maritime Law Committee of All China Lawyers Association and Maritime and Aviation Committee of Guangzhou Lawyers Association, legal experts and scholars from the Guangdong-Hong Kong-Macao Greater Bay Area (GBA), as well as representatives of renowned companies. Meanwhile, the forum was also livestreamed and attracted over 301,000 clicks and views online as of the release date.   Ni Xuewei, Director of GZMC Research Office, presided over the forum. Xiao Zhixiong, Vice President of GZMC, released a series of achievements in foreign-related legal services, such as Maritime Trials of Guangzhou Maritime Court in 2022, the white book of Guangzhou Maritime Court on Trials of Sand Mining Cases (2020-2022), and Top Ten Typical Cases of Guangzhou Maritime Court Serving and Safeguarding the Construction of Guangdong-Hong Kong-Macao Greater Bay Area.   In the discussion session, many guests delivered speeches on topics such as exploration of legal issues concerning the cruise industry and passenger transport, legal regulation of oil pollution due to vessel collisions, application of laws on cargo damages in multimodal transport sections, integration of maritime law talent development with rule of law of the GBA, maritime justice and ad hoc arbitration − a preliminary exploration of evidence preservation and request, and several legal and practical issues of marine insurance contracts. These guests discussed, in detail and from different perspectives, the paths and outlooks for improving maritime justice services in an all-around manner to safeguard the construction of the GBA and an international shipping hub in Guangzhou. Attendees included Guo Ping, Professor of Law School of Sun Yat-sen University, Yang Yunfu, Director of Maritime Law Committee of All China Lawyers Association, Xu Chunlong, Chief Judge of Guangzhou Maritime Court Zhuhai Tribunal, Professor Zhang Min, Director of Maritime Law Research Center of Guangzhou Maritime University, Huang Hui, Director of Maritime and Aviation Committee of Guangzhou Lawyers Association, and Chen Leiming, Senior Partner of Kangda Guangzhou Law Firm.   According to Xu Chunlong, Chief Judge of Guangzhou Maritime Court Zhuhai Tribunal, the forum created a high-level dialogue mechanism and platform for legal experts and scholars, elites and representatives of renowned companies in the GBA, so that they could actively offer advice and suggestions on promoting the rule of law in the GBA, improving maritime legal services in Guangzhou, and building an international shipping hub in Guangzhou. The dissemination and conversion of outcomes of the forum would be conducive to activating the advantages of maritime legal talent resources in the GBA, optimizing the talent team building for foreign-related maritime justice, improving the work efficiency of foreign-related legal services and level of judicial services of maritime trials, and better serving the Belt and Road Initiative, the strategy of building a maritime power, and the development of the GBA.
  • The 2023 Maritime Trial Working Conference Held in Guangdong

    2023-08-21

    On July 4, 2023, the annual Guangdong Maritime Trial Working Conference was held in Guangzhou, with nearly 50 people in attendance, including leaders, judges and judge assistants from the Fourth Civil Division of the Supreme People's Court, the Fourth Civil Division of the Guangzhou High People's Court, and the Guangzhou Maritime Court (GZMC). The conference was chaired by Xiao Zhixiong, a CPC Committee Member and Vice President of GZMC.  Rao Qing, Deputy Chief Judge of the Fourth Civil Division of the Guangzhou High People's Court, began by reporting data on maritime cases that were remanded for retrial or whose judgments were amended in the second instance in Guangdong in 2021 and 2022. Over the past two years, the second instance remandment/amendment rate has continued to decline, indicating the continuous improvement in the quality of maritime trials in the first instance. Rao Qing analyzed the problems of fact-finding and application of law in the first instance and pointed out the direction for further efforts. Ou Haiyan, Presiding Judge of the Fourth Civil Division of the Supreme People's Court, delivered an excellent speech at the conference on the difference between legal analysis and logical analysis and other issues concerning the theory and practice in trials at different levels of courts. She Qiongsheng, Chief Judge of the Fourth Civil Division of the Guangzhou High People's Court, pointed out in the summary of the conference that Guangdong maritime judges should reinforce their political stance, strengthen the substantive resolution of maritime disputes, and achieve high-quality court trial, high-quality legal instruments, and high-quality cases in maritime disputes, so that Guangdong will continue to be at the forefront of the country in terms of maritime trial.  Before the conference, the judges of the courts at three levels also jointly held a Communist Party theme event titled "Mindful of the mandate to learn ideas, be grateful and forge ahead to cast loyalty" and visited the Thirteen Hongs Museum in Guangzhou to feel the pioneering spirit of daring to be the first in the development of ancient China's Maritime Silk Road.  The Guangdong Maritime Trial Working Conference is formerly known as the Guangdong Maritime Trial Communication and Coordination Conference. Since 2003, the heads and judges of the Fourth Civil Division of the Supreme People's Court, the Fourth Civil Division of the Guangzhou High People's Court, and the GZMC have met annually for the Maritime Trial Communication and Coordination Conference. Except for last year, when the conference was not held due to the epidemic, 19 sessions have been held by the courts at three levels. This is unique in the history of maritime trials in China. All previous sessions of the Guangdong Maritime Trial Communication and Coordination Conference have solidified the two-way communication between the higher and lower courts, ensured the implementation of supervision and guidance, unified the scale of judgments, maintained judicial authority, improved the efficiency of case handling, facilitated the strategy of high-quality trials, improved the quality of the team, and enhanced the credibility of the judiciary. In order to strengthen the role of Guangdong maritime trials in serving and safeguarding China's strategy of building a maritime power, the Belt and Road initiative and the construction of Guangdong-Hong Kong-Macao Greater Bay Area, the Guangdong Maritime Trial Communication and Coordination Conference has been officially renamed as the "Guangdong Maritime Trial Working Conference" from this year.
  • Police Officers from the Guangzhou Maritime Court Being Invited to Attend the Forum on Rule of Law in Shipping and Maritime Affairs

    2023-08-07

    The first session of the Forum on Rule of Law in Shipping and Maritime Affairs, co-sponsored by China Maritime Law Association (hereinafter referred to as "CMLA") and China State Shipbuilding Corporation Limited (hereinafter referred to as "CSSC"), was held at Sun Yat-sen University in Guangzhou, China on July 6, 2023. The theme of the forum was "Exploring the Theoretical Frontiers and Practice of Maritime Law in the New Landscape". The forum was hosted by Sun Yat-sen University and co-organized by the School of Law of Sun Yat-sen University, Southern Marine Science and Engineering Guangdong Laboratory (Zhuhai) and the Marine Law Research Institute of Guangdong Province Law Society, with the support of the Northeast Asia International Arbitration Center of the China Maritime Arbitration Commission (hereinafter referred to as "CMAC") and the CMAC Qingdao Arbitration Center. At the invitation of CMLA, Ni Xuewei, Director of the Research Center of Guangzhou Maritime Court (GZMC), attended the forum and delivered a keynote speech.   Nearly 300 delegates from maritime safety administrations, maritime courts and other relevant departments, as well as from the academic, business and legal communities, attended the forum, including Li Zhuyong, President of CMLA and Executive Director, Vice President and Member of the Party Committee of People's Insurance Company of China; Jia Haiying, CPC Committee Member and Chief Accountant of CSSC; Chen Bo, Vice President and Secretary General of CMLA, Vice Secretary General of CMAC and Vice President of the Arbitration Court; Ou Haiyan, judge of the Fourth Civil Division of the Supreme People's Court; Guan Zhengyi, former Executive Vice President of the Dalian Maritime Court and Director of the Steering Committee of the CMAC Northeast Asia International Arbitration Center; Chen Chukun, Deputy Director of the Guangdong Maritime Safety Administration, Cui Ruijie, General Counsel of CSSC; and Zhang Liang, Dean of the School of Law of Sun Yat-sen University.   When discussing the forum's topic "Hot issues in maritime dispute resolution", Ni Xuewei, in a speech entitled "Paths and Methods for Judicial Review of the Effectiveness of Maritime Arbitration Clauses--Based on the Practice of Guangzhou Maritime Court", introduced the support and supervision of maritime justice to arbitration and put forward proposals for the reform of the arbitration reporting and review system from the following five aspects: judicial review of arbitration cases of GZMC in recent years, use of Internet documents as the paths of judicial review of arbitration clauses, judicial review method of incorporating bills of lading into the arbitration clauses of charter parties, reflections on further improving the arbitration reporting and review system with the latest case:the effect of arbitration clauses of voyage charter parties.
  • GZMC Gives Foreign Parties Equal Protection Showing China's Judicial Warmth and Speed

    2023-08-02

    On May 26, 2023, the complainant, a Singaporean company, applied to Guangzhou Maritime Court (GZMC) for the pre-action preservation of maritime evidence with regard to a dispute over a time charter contract with a Greek company. The complainant claimed that the Greek vessel called "Alpha Afovos" had a decrease in speed and an unreasonable deviation during the performance of the contract, resulting in the complainant's loss of rent and bunker oil. The complainant requested the preservation of sixteen categories of evidence, including the vessel's registration certificate, the number of voyages, engine logbook of the last voyage, and bunker oil analysis report.  After receipt of the application materials, the Case Registration Division of GZMC found through examination that the application of the complainant was in compliance with the law, but the conditions for registration were not met yet because the complainant is a foreign legal person with its corporate entity and authorization formalities not notarized and certified. The complainant was very anxious and claimed that the "Alpha Afovos" vessel would arrive at Dongguan Port the next day to unload the goods. In such an urgent case, it requested the court to immediately take preservative measures. The Case Registration Division conducted an urgent panel discussion on the case on the day. The collegial panel decided to adopt the flexible method of "facsimile + letter of guarantee of law firm" to confirm the complainant's entity and authorization materials and then register the case. The following day was a Saturday. To ensure the success of evidence preservation, GZMC quickly made a ruling on the same day, with the enforcement of evidence preservation to start on Saturday.  On Saturday morning, GZMC staff worked overtime to prepare the legal instruments for evidence preservation and contacted the representatives of both parties to make preparations for the preservation of evidence. Mr. Zheng Wei, Mr. Shu Jian, and Mr. Chen Kaifan delivered the notice of assistance in enforcement to the authorities of immigration inspection and maritime affairs, and then boarded the vessel to serve the legal instruments to the captain and made a transcript. Alpha Afovos, whose captain and crew were all of Greek or Filipino nationality, was required to submit a large quantity of evidence and materials, thus requesting some time to prepare. On Sunday morning, three GZMC staffers boarded the vessel again to examine, check and copy the evidence and materials to be submitted by the respondent. At 8: 00 PM, after completing the preservation of evidence, GZMC sent a notice of completion of enforcement to the authorities of immigration inspection and maritime affairs to ensure that the vessel could depart from port on schedule. At this point, the case was well concluded.  Maritime courts are an important window to show China's judicial practices to foreign countries. Over the years, GZMC has adhered to the judicial philosophy of equally protecting the legitimate rights and interests of Chinese and foreign parties and handled every case in an impartial and efficient manner. It has established an image as a professional and efficient maritime court among foreigners, manifesting the warmth and speed of Chinese maritime justice. Going ahead, GZMC will take the opportunity of the learning campaign on Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era to further practice justice for the people and maintain impartial justice, as it contributes to the building of an internationalized and law-based business environment in the Guangdong-Hong Kong-Macao Greater Bay Area!
  • Symposium on Amendment of the Maritime Code Held at GZMC

    2023-07-17

    On the afternoon of May 26, 2023, a symposium on amending the Maritime Code took place at Guangzhou Maritime Court (GZMC). The symposium was chaired by Prof. Chu Beiping, Vice President of Dalian Maritime University and head of the project group for amending the Maritime Code under China's Ministry of Transport. Nearly 30 experts and scholars attended the event, including senior judges from the 4th Civil Tribunal of Guangzhou Higher People’s Court and GZMC, experts and scholars from universities in Guangzhou, port and shipping companies in Guangdong, PICC Guangdong Branch, and maritime lawyers in Guangzhou.   At the symposium, Mr. Chu expressed his gratitude to the attendees for their presence and gave a brief report on the progress and focal points of the amendment of the Maritime Code. The project group and the guests discussed three topics in line with the agenda, including mandatory provisions of Chapter IV of the Maritime Code, limitation of liability for port operators, and the duty of disclosure of the insured under marine insurance contracts. Mr. Chu talked about the amendment plan and reasons for the amendment, and the guests offered their opinions and suggestions from their perspectives as to judicial practice, legislative purpose, the rationality of the amendment plan, expression of provisions, and layout.   The Maritime Code has been in operation for 30 years and has played a positive role in promoting the development of the shipping industry. The amendment of the law, which has been in progress for the recent few years, is based on realities and existing problems. Experts and scholars from various sectors have conducted in-depth discussions on the amendment plan and expressed their suggestions and expectations.
A total of 21pages,page1.