On 17 January, 2013, M/V "Quan Shun Li", loaded with more than 3,000 tons of sugar on her voyage from Fangcheng Port to Shanghai, was stranded in the sea area of Guangdong Huilai, leading to water ingress into her cargo holds which damaged the cargo onboard. The ship instructed a salvaging company to salvage the subject cargo; however, a dispute over the salvage costs occurred, Salvage Company, the ship and the merchant. The salvor intended to dispose of the cargo by exercising its lien thereon; while the merchant applied with Guangzhou Maritime Court for an injunction to order the salvor and the ship to deliver the cargo.

    On 19 April, Guangzhou Maritime Court convened a hearing participated by the three parties and heard the views of each party. Through a review, the Court decided that the act of salvage shall be encouraged and the salvor is entitled to detain the salvaged cargo, provided that the lien is exercised to a reasonable extent without devaluing the cargo or expanding loss of the cargo. Since the sugar cargo dissolves easily and had been subjected to water immersion, it released a large amount of water and increasingly devalued with the weather getting warmer day by day. Ultimately, Guangzhou Maritime Court ruled according to law to approve the merchant’s application for maritime injunction on the condition that the merchant provides a satisfactory counter-guarantee sufficient to secure payment for the salvage costs and to order the salvor to deliver the cargo to the merchant.

    In June of this year, the NPC Standing Committee conducted the 2^nd consideration on the draft amendment of the "Environmental Protection Law of the People’s Republic of China". With the Guangzhou Maritime Courts experience of handling public-interest litigation cases, Zhan Simin the vice president of the Court, was invited to attend to represent the national maritime court system.  On May 22, the forum for comments on the draft amendment was convened by the administration law division of the Legal Affairs Commission under the National People's Congress Standing Committee.

    China Maritime Trial, whose precursor is the quarterly periodical of Maritime Trial, was sponsored by Guangzhou Maritime Court. It started publication in 1989 and has been changed to an annual periodical since 1999. Adhering to the practical and exploring spirit, this publication has been dedicated to summing up experience on maritime trials, the exchanging of information on maritime trials and exploring theoretical issues of maritime law and practical issues in maritime trials, which made it gain popularity in maritime law circles and it has become an influential publication focused on maritime proceedings in China.

    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 30^th September. 

    Contact: 86-020-34063841; 86-020-34063316 (Fax)

    Email: hsspnk@163.com

    Mailing address: editorial office of China Maritime Trial of Guangzhou Maritime Court, No.6 Lujiang Xi Road, Xingang Xi Road, Guangzhou; (510300)

Editorial office of China Maritime Trial

11^th March 2013

Appendix:

Table of Contents of China Maritime Trial (2012)

Form of Typesetting for China Maritime Trial

Table of Contents of China Maritime Trial (2012)

[Voice of Authority]

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 Ningbo Maritime Court

………………………………………………………….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 )

[Maritime Litigation Topics]

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)

[Extraterritorial Law Topics]

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 )

[Annual Report]

2011 Trials Report of Guangzhou Maritime Court …………………………  (257)

[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 China Maritime Trial

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 (1^st series) edited by Wang Liming; Court Press 2004, page 368.

④    For citation of articles in newspapers, Lin Jinbiao & Yang Hui: Ruling rendered by Guangzhou Maritime Court is cited by English Court, People’s Court Daily, 11^th April 2012.

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: 19^th 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

This Report on Maritime Trials in 2012 Issued by Guangzhou Maritime Court was publicized on 7 March, 2013 in the press conference presided over by Mr. Zhong Jianping, President of Guangzhou Maritime Court.

Over the last year, the maritime trials handled by Guangzhou Maritime Court have shown a good momentum of “three increases and one decrease”: Throughout 2012, the number of new cases heard by this Court totaled 2525, witnessing a year-on-year increase of 79.08%; the number of cases closed rose by 111.12% on a year-on-year basis, totaling 2582. The case settlement rate is 89.25%, which is a 12.38% increase over last year. The number of unsettled cases totaled 311, which is a 15.48% decrease over last year.

Maritime cases heard by this Court in 2012 were found to have the following three characteristics: First, the number of new cases increased substantially. The number of new cases heard by this Court in 2012 hit a historical high since the foundation of this Court in 1984. Cases that increased substantially include: disputes over labor contracts of the crewmembers (with a year-on-year increase of 27 times), disputes over contract of leasing containers (with a year-on-year increase of 20 times), disputes over contracts related to ships (with a year-on-year increase of 2.6 times) and the cases of application for registration of maritime claims witnessed an increase of 6.5 times.

Second, the public credibility of maritime court was enhanced to a new level. Guangzhou Maritime Court attached great importance to protection of legitimate rights and interests of equal parties to maritime cases, which resulted in the fact that more and more disputes have been submitted voluntarily to the jurisdiction of Guangzhou Maritime Court. Among cases of the first instance in 2012, parties involved in a total of 15 cases agreed to be submitted to the jurisdiction of this Court; one or both parties to 4 cases among them were foreign enterprises.

Third, new measures were taken to promote transparency of judicial proceedings. Information technologies were adopted to maintain synchronous audio and video recording of trial activities in court and to make live webcast of such activities available on a regular basis. A remote video system was built to allow parties or witnesses to attend remote video court hearings held in Guangzhou Maritime Court or its four tribunals separately at the same time. An electrical archival database was finally put in place to record closed cases for examination and supervision by parties involved (excluding those of confidential nature). In addition, to enhance judicial transparency, methods of internationalization were also applied by inviting over 40 representatives from Hong Kong shipping industry, insurance and logistics business to attend court sessions of Guangzhou Maritime Court and allowing them to get a vivid picture of maritime procedures of China.

The press conference was attended by over 40 people, among whom were judges of Guangzhou Maritime Court, maritime law experts and scholars, as well as press journalists.

Maritime Court Legally Arrests a Ship under Chinese Jurisdiction to Protect the Lawful Rights and Interests of the Foreign Party

-- Guangzhou Maritime Court Arrested the 60,000 DWT Panamanian Ship M/V “Xing Yao” in Shantou Waters

    On 23 January 2013, a Danish company applied to this Court for the arrest of the Panamanian ship M/V “Xing Yao” on the grounds that it had supplied over 600 metric tons of marine fuel to the ship in Hong Kong waters, but the ship owners still owed more than USD 300,000 for the fuel. Through examination, the Court found that such application is in compliance with Chinese law and therefore arrested the ship within 24 hours in the anchorage in Shantou waters.

    On 5th January 2013, the first maritime administrative case tried by this Court, since the jurisdiction over maritime administrative cases has been reinstated to this Court, was pronounced. This Court rendered a judgment to revoke the illegal act of a municipal governmental on the ground that the Decision on Revoking the Certificate of the Right of Exploitation of certain Sea Areas issued by the Defendant of the subject case lacked legal grounds and thereby falls into the category of illegal specific administrative action. The Defendant of the subject case, the municipal government, refused to appear in court without justifiable reasons after being subpoenaed by this Court according to law. This is the first maritime administrative case pronounced by this Court where the local government lost the action.

    Recently, Textainer Equipment Management Limited filed an application to the Guangzhou Maritime Court for the arrest of M/V Gati Prestige as pre-litigation security for a maritime claim against GATI Limited over a dispute arising from a container lease. The Guangzhou Maritime Court thus legally arrested M/V Gati Prestige. Subsequently, the litigant parties reached a settlement through mediation presided over by a judge from the Case Filing Chamber of the Guangzhou Maritime Court. Consequently Textainer withdrew the action and M/V Gati Prestige was released.

    Afterwards, Charles, the person in charge of Textainer, wrote to this Court in praise of the justice and efficiency we showed in each stage throughout the dispute resolution.

    The 40^th Conference of the Comité Maritime International (CMI) was held in Beijing from 14 to 19 October. A delegation led by the Supreme People’s Court attended the meeting, and President Zhong Jianping of Our Court attended the meeting and delivered a speech as a delegate.

    Guangzhou Maritime Court held a press conference to publish the Report on Trials 2011, namely the maritime trial white paper. Thirty odd journalists and maritime experts attended the conference.

    Vice president Zhan Simin chaired the press conference, and president Zhong Jianping presented the purpose, background and contents of the white paper. The white paper is divided into nine parts and mainly introduces the basic information about the cases tried by the Guangzhou Maritime Court in 2011. It also analyses legal issues such as marine resource exploitation, cases where delivery of cargo is not taken in the port of destination, arbitration judicial review, personal safety in marine operations, rights of action and defence, instructions for claiming by individuals and entities engaged in aquaculture, the signing of seafarer labour contracts, and pre-litigation arrest of vessel.

    The Professional Committee of Maritime Regulations of China Maritime Law Association held its 2012 annual meeting in the Guangzhou Maritime Court. The meeting was attended by sixty odd representatives, including those from enterprises engaged in shipping, port, insurance, logistics and legal services in Guangdong, together with those representing the chairman and members such as the Guangdong Maritime Safety Administration, the Administration of Ocean and Fisheries of Guangdong Province, the Guangzhou Salvage Bureau of the Ministry of Transport, Guangzhou Maritime College and Guangdong Ocean University. The eighth chairman was elected at the meeting.