Soliciting Contributions for China Maritime Trial
China Maritime Trial, whose precursor is the quarterly periodical of Maritime Trial, was sponsored by
The search for contributions to China Maritime Trial 2013 has currently started and experts, scholars and judges in the theoretical and practical circles are warmly welcome to contribute articles for the publication. Articles with less than 8000 words would be appropriate for the publication. Articles sought include informative articles with new and up-to-date points of view, normative citation and those which focus on the relevant and complex issues followed by the educational and practical circles. With regard to case examples, they should be typical and place emphasis upon the analysis of the trial of important and complex cases. When submitting articles and examples of cases, the authors shall make sure that such articles and cases examples have not been published on other public publications. The format of the articles and examples of cases shall be subject to the form of typesetting attached herein or that downloaded from http://www.gzhsfy.org of maritime trial.Articles should be submitted by post or email prior to 30th September.
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Mailing address: editorial office of China Maritime Trial of
Editorial office of China Maritime Trial
11th March 2013
Appendix:
Table of Contents of
Form of Typesetting for
Table of Contents of
A Summary of Maritime Cases Tried by the Supreme People’s Court from 2010 to 2011
…………………...……………No.4 Civil Tribunal of the Supreme People’s Court (2)
The Application of Law in the Trial of Cases about Delivery of Goods without an Original Bill of Lading — A Brief Analysis of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in Trial of Cases about Delivery of Goods without an Original Bill of Lading…………. …Wang Yanjun (29)
[Maritime Law Topics]
The Port Operators’ Lien on Containers Not Owned by the Debtors
…...………………….... …………………...Jiang Yuanchuan & Wang Xiaopei (39 )
The Determination of “Standard Time” concerning Damages for Breaching Bulk Cargo Forwarding Contracts
………………………………………………………...Xie Zhenxian & Fang Yi (47)
A Study of the Subject of Liability under Contracts for Fuel Supply for Costal and Inland Vessels……………………………………….. ……………Zhang Liang (53)
A Study of the Limitation of Actions Concerning Coastal and Inland Cargo Carriage
……………………………………………………………………...… Ni Xuewei (64)
A Survey Report on the Legal Issues Concerning Affiliation of Vessels — Based on the Juridical Practice of the
………………………………………………………….Li Feng & Luo Xiaobing (73)
A Consideration of Whether an actual Carrier of Goods by Waterway has a Lien on the Goods of the Consignee Not Having a Direct Contractual Relationship
……………………………………...……………………Li Qing & Gao Junhua (83 )
An Analysis of the Motivation behind Forum Shopping by International Maritime Cargo Claimant……………………………………………………….Liu Xingli (95)
A Discussion of Whether Arrested Bareboat Can Be Auctioned off and Allocated —A Discussion of Revisions and Improvements to Relevant Provisions in the Maritime Procedure Law………………...………………. …………………...Feng Jinru ( 107)
The Dilemma and Breakthrough of Maritime Litigation Evidence — On the Formulation of Independent Rules for Maritime Litigation Evidence
………………………….. …………………...……Sun Chenmin & Huang Hai (118)
The Dilemma and Resolution of Litigation System for Disputes over Seafarers’ Labour Contract — And Discussion of Improvements to Article 8 of the Interpretation of the Supreme People's Court on the Application of the Special Maritime Procedure Law………………………….Liu Dong & Luo Shenghua (129 )
A Brief Discussion of the Necessity of Introducing Hearing Procedure and Other Relief Procedures into the Maritime Injunction System — An Analysis Based on Maritime Injunction Cases Tried by Guangzhou Maritime Court over the Years
………………... …………………..Huang Weiqing, Lin Yiyi & Tian Changqi ( 137)
The Handling of Pre-action and Application for Ship Arrest Filed by Non-final Liable Party in a Maritime Dispute Not Involving Real Joint and Several Liabilities — And Discussion of Revisions and Improvements to Relevant Legal Provisions
……………………………………………...………………………Wu Siying (147)
A.P. Møller-Mærsk Gruppen vs. SONAEC VILLAS CEN SAD FADOUL et al for a Dispute Arising from a Contract for Carriage of Goods by Sea
………………………. …............……………............…Hu Shi & Deng Feifei( 157)
The Evidentiary Effect of Extraterritorial Court Judgments in Assurance Cases Involving Foreign Elements
...…………………. …………………...……………………………Zhang Lei (168)
New Developments in Charter-party Laws under English Law in a Shipping Downturn
…………………………...……………………… Tian Kun & Wang Zhonghua( 179)
[Cases Analyses]
The Determination of Lay time and Demurrage —Yangpu Heywang Shipping Co., Ltd. vs. Qingdao Hengguang Thermal Power Co., Ltd. for a Dispute Arising from A Contract for Carriage of Goods under a Voyage Charter
………………………………………………….. …………………Wang Ailing (191 )
The Determination of “Necessary Expenses” Incurred in Disputes Arising from Sea Freight Forwarding Contracts — Shenzhen Zhu Chuan International Freight Forwarding Co., Ltd. vs. Shenzhen Longer Ecology Tech Co.,Ltd. for a Dispute Arising from a Forwarding Contract………………………….Pingyang Danke (200 )
The Holder of the Bill of Lading who Has Delivered Goods without an Original Bill of Lading Has No Claim for the Received Payment for Goods — Aidisha Sporting Goods (Hangzhou) Co., Ltd. vs. Ningbo Branch of Shanghai FIEGE International Freight Forwarding Co., Ltd. et al. for a Dispute Arising from Delivery of Goods without an Original BL under a Contract for Carriage of Goods by Sea
…………………………………………………………………………Li Feng (207)
Contribution to General Average Caused by the Ship Interest's Fault in Coastal Cargo Carriage — Huang Jinshui & Qinzhou Port Branch of PICC vs. You Kebiao & No.3 Shipping Company of Ninghai County for a Dispute over General Average
…………………………………………………... …………………... Wen Jing (213)
The Determination of Limitation of Actions for the Carrier to Claim against the Consignor in a Case Arising from Goods Delivery without an Original Bill of Lading —COSCO Container Lines Co., Ltd. vs. Hunan Jiali International Trade Co., Ltd. for a Dispute arising from a Contract for Carriage of Goods by Sea
……………………………………………………... …………………Guo Junli (222)
The Application of Jurisdiction Clauses on Bill of Lading — Objection to Jurisdiction on Bill of Lading in the Case of Dispute arising from a Contract for Carriage of Goods by Sea with Dalian Jinhai Offshore Fishing Development Co., Ltd. vs. Hapag-Lloyd et al
…………………………………………………………………………Huang Yi (229)
The Handling of Interest on Shipbuilding Loans — Yu Qixin vs. Lu Jinshui et al under a Shipbuilding Contract
………………………………. …………………...Song Weili & Xu Chunlong (234)
[Case Abstracts]…..……............………………............…………….Luo Chun ( 241)
The constructor shall be primarily liable for damage from ship contact caused by the absence of warning signs in port construction projects.
Agreements between a carrier and a consignor that mitigate the carrier’s liability are null and void as they violate the prohibitive provisions.
If, in a case arising from goods delivery without an original bill of lading, the consignor adduces evidence that the subject container has been re-put into use by the carrier, the carrier shall be liable for adducing evidence to prove that the goods are still in the port of destination.
Container detention charges shall not be limited to the value of such container.
[Selected Maritime Trials]…..……... …............…………….........Chen Juntao (251 )
2011 Trials Report of
[Latest Judicial Interpretation]
Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Cases of Disputes over Sea Freight Forwarding
…..……...................................................... …………………………………… (279)
Reply of the Person in Charge of No.4 Civil Tribunal of the Supreme People’s Court to the Press Regarding the Provisions on Several Issues Concerning the Trial of Cases of Disputes over Sea Freight Forwarding………………………………………(282)
Form of Typesetting for
1. Format for articles and reports on research and study
Title
(Placed in the middle of the column, black body 15)
Name of the author
(Placed in the middle of the column, Song Font 12; work unit, title and contact information of the author shall be provided in the footnotes)
Abstract (Song Font 12)
Keywords (Song Font 12)
Main body: Song Font 12 (8000 words would be appropriate)
Introduction
I. First-level heading (boldface)
(I) Second-level heading
i. Third-level heading
II. First-level heading (boldface)
① Second-level heading
i. Third-level heading
…
…
Conclusion
Annotations should be provided in the manner of footnotes numbering with ①②③, Song Font 9, the footnotes in each page should be renumbering. Format of footnotes for various kinds of citations are as follows:
① For citation of monograph, Si Yuzhuo: Maritime Law Monograph, Renmin University of China Press 2007, page 31.
② For citation of journal articles, Yan Tieyi: the Application of Rotterdam Rules in the North Pole Passage, Law Science Magazine, and Issue 11 2010.
③ For citation of articles in series, Wang Liming: the Development of Personality Right Law, the Cutting-edge Forum of Civil and Commercial Law (1st series) edited by Wang Liming; Court Press 2004, page 368.
④ For citation of articles in newspapers, Lin Jinbiao & Yang Hui: Ruling rendered by
⑤ For citation of online articles, Chen Qi: Review on Marine Insurance Clause caused by the New Trend of International Pirates, from the website of China Foreign-related commercial and maritime trial, (http://www.ccmt.org.cn/showexplore.php?id=4130 ); access time: 19th February 2013.
2. Format for examples of cases
General heading
(Placed in the middle of the column, black body 15)
--subheading
(Placed in the middle of the column, Song Font 12)
Name of the author
(Placed in the middle of the column, Song Font 12; work unit, title and contact information of the author shall be provided in the footnotes)
Main body: Song Font 12 (6000 words would be appropriate)
Abstract:
Facts of the case:
Trial:
Analysis:
I. First-level heading (boldface)
(I) Second-level heading
i. Third-level heading
II. First-level heading (boldface)
(I) Second-level heading
i. Third-level heading
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