• Dispute over Damages for Pollution Caused by the Sinking of M/V KENOS ATHENA Closed by Mediation

    2014-03-20

            At the end of February 2014, the case of dispute over damages for pollution filed by Shanwei MSA against the owners and insurer of M/V Kenos Athena closed by mediation after six mediation meeting at the request of the both parities.

     

            The Korean vessel M/V Kenos Athena loaded with approximately 7,000 tons of sulfuric acid and 140 tons of bunker sank in the Shanwei waters of Guangdong Province in March2013. Subsequently Shanwei MSA brought action against the owners and insurer of M/V Kenos Athena, requesting the payment of over RMB 140,000,000, including clean-up and pollution control costs, wreck marking costs, emergency response and salvage expenses.

     

  • Danish Defendants Sent a Letter of Appreciation of Our Successful Mediation at Court

    2014-03-03

            On 27 January 2014, Shenzhen Tribunal of Guangzhou Maritime Court received a letter of appreciation from DSV Ocean Transport A/S and its associate company Shanghai DSV Air & Sea Co., Ltd. As written in the letter, the two companies were deeply impressed by our efficiency and impartial attitude towards domestic and foreign litigants. They also stated that “the successful mediation of the dispute has enabled DSV A/S to continue to exit and operate, and freed our associate company Shanghai DSV Air & Sea Co., Ltd. from the troubles of litigation so that it can continue to expand business in China. This case is very important to us, and the resolution gives us and our affiliates the confidence to continue business in China.”

     

            Basic facts of the case: the claimant Newland Electronic (Hong Kong) commissioned the defendants, DSV Ocean Transport A/S and Shanghai DSV Air & Sea Co., Ltd., to transport three containers of LCD TV sets from Yantian, Shenzhen, China to Vigo Port, Spain. The defendants delivered the goods at the port of destination without the presentation of the bill of lading. Subsequently, the claimant brought an action to Guangzhou Maritime Court against the defendants for loss of goods in the sum of RMB4,390,000. Through two days of mediation, the parties reached a settlement at court and the dispute was fully solved on 20 November 2013 after the defendants agreed to compensate RMB2,800,000 to the claimant.

  • Guangzhou Maritime Court Organized Special Training In Nautical Knowledge in Hong Kong

    2014-02-25

        By invitation of School of Law, City University of Hong Kong, Guangzhou Maritime Court sent 20 judges to Hong Kong to organize special training in nautical knowledge from 16 to 21 December 2013.

     

        During the training, senior maritime lawyers, port experts, company law experts, and maritime law professors from Hong Kong shared knowledge in maritime arbitration, civil procedure, lightering at transshipment ports, company registration in Hong Kong, as well as remuneration, welfare, and work-related injury handling of expatriate crew. Besides the courses, the trainees also visited Hong Kong International Terminals (HIT) and Pearl River Warehouse Terminal for fieldwork.

  • Teachers and Students from Shantou University pay a study visit to Shantou Tribunal of Guangzhou Maritime Court

    2013-12-26

        On 3 December 2013, more than 40 teachers and students from Shantou University visited Shantou Tribunal of Guangzhou Maritime Court for teaching practice and exchange. The judges introduced teachers and students basic information in regard to jurisdiction and case hearing profiles of Guangzhou Maritime Court. Included was a tour of the Shantou Tribunal offices, where functional areas, such as case-filing, mediation office, meeting room and technical division were introduced to them. Through such teaching practice, both teachers and students understand the maritime adjudication process and improved their understanding of Maritime procedures.
  • Ocean Shipping Regulation Committee of China Maritime Law Association successfully holds Guangzhou International Maritime Law Seminar 2013

    2013-12-19

        On 29 November 2013, Guangzhou International Maritime Law Seminar 2013 was successfully held by the Ocean Shipping Regulation Committee of China Maritime Law Association, the Guangdong Provincial Lawyers Association, Yang & Lin Co., Law Firm and other organizations. More than 500 people from the industry were in attendance including, people’s courts, maritime safety administrations, shipping lines, insurers, mutual assurance associations, universities, environmental protection departments, fishery administrations, salvage bureaus, shipyards, port authorities, waterway administrations, maritime law firms both at home and abroad, freight forwarding agents and adjusters attended the seminar, with 30 distinguished foreign guests included.

     

        Participants in the seminar held heated discussions, examining difficult and cutting-edge issues relating to maritime theory and practice. Such topics included were the legality and practice in examining and hearing cases of disputes over freight forwarding by sea, marine insurance and maritime adjudication, introduction to marine investigation carried out by maritime authorities, questions related to the incidents arising during the transportation of cargoes which may liquefy, issues of evidences and law application in claims against damages of marine pollution and law application in cases of disputes over contract for domestic waterway cargo transportation.

     

  • A Letter of Appreciation from Seafarers International Research Centre

    2013-12-17

          Recently, this Court received a letter of appreciation from Professor Helen Sampson who is also the director of the Seafarers International Research Centre, expressing the appreciation of our support and assistance to their field research focusing on the legal system and practice pertaining to the compensation for work-related injuries and casualties to Chinese seafarers.

  • 19th National Maritime Court Law Enforcement Seminar Held in Guangzhou

    2013-11-19

        On 23rd October 2013, the 19th National Maritime Court Law Enforcement Seminar was held in Guangzhou. Presidents and vice-presidents in charge of law enforcement from 10 maritime courts nationwide, as well as authors of relevant papers (over 50), attended the seminar. Wang Yanjun, vice-president of Civil Division IV of the Supreme People’s Court, Huang Xiwu, judge of Civil Division IV of the Supreme People’s Court, Xu Peihua, president of the law enforcement department of the Guangdong Higher People’s Court, and Wang Jianping, vice-president of Civil Division IV of the Guangdong Higher People’s Court, were invited to the seminar. The seminar was held by Guangzhou Maritime Court.

     

        During the seminar, Meeting Minutes regarding Mutual Assistance in Handling Matters Entrusted by Maritime Courts Nationwide was discussed and concluded. The seminar also included thorough discussion on matters such as problems and solutions on vessel detentions, auctions and debt allocations during the law enforcement process, and the maritime law enforcement system following the amendment of the Civil Procedure Law.

  • The “MV/KIRAN” Case Closed

    2013-11-08

            In March 2013, a voyage charter party was entered between a Singaporean and an Indian company. Due to delay by the Indian company, the payment of freight and demurrage at the port of loading/unloading, under that charter party rose to the amount of 247,000USD. On 16th September, the arbitration was brought before the London Court of International Arbitration by the Singaporean company in accordance with the charter party.

     

            On October 8, 2013, the Singaporean company applied before the Guangzhou Maritime Court for security of maritime claims, requesting for detention of MV/KIRAN, owned by the Indian company and moored at Port of Guangzhou, Guangdong, and providing the Court with a guarantee of 300,000USD. On 9th October, Guangzhou Maritime Court detained MV/KIRAN in accordance of the law.

     

            As MV/KIRAN was detained, the Indian company actively negotiated with the Singaporean company. The day after the detention, the parties reached a reconciliation agreement regarding the compensation amount. The Singaporean company proceeded to withdraw its application for the London arbitration and applied to release MV/KIRAN. The Guangzhou Maritime Court has since released MV/KIRAN. The case of the dispute over the voyage charter party between the Singaporean company and the Indian company is now officially closed.

  • First Cases Tried by Guangzhou Maritime Court by Applying Small Claims Procedure Closed by Mediation

    2013-09-04

        On 22 August 2013, a series of cases went to trial by Guangzhou Maritime Court by applying small claims procedure. This was the first time the Court applied the procedure since the amended Civil Procedure Law came into force. Besides the plaintiff parties, four deputies to the Municipal People’s Congress also attended the trial.

     

        The cases arose as a ship owner defaulted on payments and consequently the port detained over 400 containers of cargo which was to be unloaded or carried by the ship owner. More than 30 logistics companies requested the port to release the cargos first to reduce losses but the port requested the logistics companies to provide guarantees before taking delivery of the cargos. As there were a number of parties involved in the disputes with various claims, no consensus had been reached through repeated negotiation. The Guangzhou Maritime Court applied the small claims procedure to try these disputes and closed the cases by mediation at court. Small claims procedure is convenient and flexible. It simplifies and speeds up the settlement of disputes, and enhances the quality and efficiency of trials.
  • Guangzhou Maritime Court holds trial on Dispute over Damages for Pollution Caused by the Sinking of M/V KENOS ATHENA

    2013-09-04

        From 25 to 26 July 2013, Guangzhou Maritime Court held an open trial on a series of disputes over pollution damages caused by the sinking of M/V Kenos Athena.

     

        In March of last year, the Korean vessel M/V Kenos Athena loaded with approximately 7,000 tons of sulfuric acid and 140 tons of bunkers sank in the Shanwei waters of Guangdong Province. Subsequently the plaintiffs, MSA and the Administration of Ocean and Fisheries, brought action against the owners and insurer of M/V Kenos Athena, requesting the payment of RMB 150,000,000; including clean-up and pollution control costs, wreck marking costs, emergency response and salvage expenses, as well as direct pecuniary loss of national fisheries resources, and loss of natural fisheries resources.

     

        Representatives of the MSA, Administration of Ocean and Fisheries, surveyors, owners and insurers of M/V Kenos Athena, and attorneys on behalf of the parties attended the trial.

A total of 22pages,page20.