目录
ContentsChapter OneDisputes over Contracts for theCarriage of Goods by Sea1.Shanghai Shenfu Chemical Co., Ltd. v. Hachiman Shipping S.A. and Dorval Kaiun K. K. for Dispute over Compensation for Damage to Goods under a Contract for Carriage of Cargo by SeaWang Shumei2.A.P.MollerMaersk AS v. Shenzhen office of Shanghai Xen Freight Agency Ltd. and Shanghai Xen Freight Agency Ltd for Dispute over Container Demurrage in Contracts for Carriage of GoodsHu Fang3.Al Arrab Contracting Co. v. Cosco Shipping Co., Ltd. for Dispute over a Contract of Carriage of Goods by SeaDu YixingGu Enzhen4.Shanghai Baozhi Photoelectric Technology Development Co., Ltd. v. Shenzhen AirAsia International Freight Forwarding Co., Ltd. for Dispute over a Contract for the Carriage of Goods by Sea Li LifeiGuangzhou5.Aprile International Freight Forwarding (Shanghai) Co., Ltd. v. Cangzhou Qiancheng SteelPipe Co., Ltd., Tianjin Branch of Yetari International Freight Forwarding Co., Ltd., and COSCO Container Lines Co., Ltd. for dispute over a contract for the carriage of goods by sea Li TongZhao Wei6.Shanghai Branch of Sunshine Property and Casualty Insurance Co., Ltd. v. Maersk (China) Shipping Co., Ltd. and Shenzhen Branch of Maersk (China) Shipping Co., Ltd. for dispute over a contract for carriage of goods by seaPingyang Danke7.Guangxi Xianlin Import & Export Co., Ltd. v. Lucretia Shipping SA and Qinzhou (China) Ocean Shipping Agency Co., Ltd. for Dispute over a Contract for the Carriage of Goods by SeaHuang Siqi8.Shenzhen Branch of PICC Property and Casualty Company Limited v. Shenzhen China Progress International Forwarding Co., Ltd. for Dispute over a Contract for Carriage of Goods by SeaNi Xuewei9.Project Transportation Branch of Sinotrans Ltd. v. Shenzhen Uptrans Logistics Co., Ltd. for dispute over a contract for carriage of goods by seaPingyang DankeChapter TwoDisputes over Ocean Freight Forwarding Contracts10.Shenzhen Zhu Chuan International Freight Forwarding Co., Ltd. v. Shenzhen Longer Fertilizer Co., Ltd. for Dispute over a Freight Forwarding ContractPingyang Danke11.Dalian Dashan Metallurgical Engineering Technology Co., Ltd. v. Dalian Branch of Shanghai High Quality Logistics International Freight Forwarding Co., Ltd.for Dispute over a Ocean Freight Forwarding ContractXin Xin12.Foshan Fico Industrial Co., Ltd. v. Foshan Branch of DHL Global Forwarding (China) Co., Ltd. and DHL Global Forwarding (China) Co., Ltd. for Disputes over a Contract for Marine Freight Forwarding Yang YaxiaoChapter ThreeDisputes over Tort Damages13.Fuzhou Ji Feng Shipping Co., Ltd. v. DAE HO SHIPPING Co., LTD. for Dispute over Compensation for Damages Arising from Collision of VesselsZhang Bo14.Dexian Co., Ltd. v.Tangshan Harbor Maoyun Shipping Co., Ltd. and Guangzhou Huadu Subbranch of China United Property Insurance Co., Ltd., and Third Party Mo for Disputes over Liability for Damages Arising from Collision of VesselsHuang Siqi15.Qingdao Zuode International Trade Co., Ltd. v. Tianjin Welcome Petrochemical Technology Co., Ltd. for Disputes over Liability for Damage to Goods Stored in PortsYang LingPei Daming16.Jiangxi Rare Earth and Rare Metals Tungsten Group Import and Export Co., Ltd. v. Regional Container Lines Feeder Pte. Ltd., et al. for Dispute over Liability for Marine Property DamageNi XueweiFu JunyangChapter FourOther Disputes17.Xiamen Yinghai Industrial Development Co., Ltd. v. Maersk (China) Shipping Co., Ltd. for Dispute over Damages for Harm to the Right of Operation of International Maritime Freight ForwardingYu Xiaohan18.Nanhai Rescue Bureau of the Ministry of Transport v. Archangelos Investments E.N.E. and Shanghai Representative Office of Hong Kong Anda Olsen Co., Ltd. for Dispute over a Contract on Salvage at Sea Ma Ling19.Daewoo Shipbuilding & Marine Engineering Co., Ltd. v. Glory Advance Corporation for Dispute over a Ship Mortgage Contract Chen YanzhongWang Yan20.DVB Bank SE v. ISIM Amin Limited and Shokooh Sahar Kish Shipping Co. for disputes over ownership of vessel Lin Qiang21.CSSC Chengxi Shipyard Co., Ltd. and Hubei Branch of Yong An Property Insurance Co., Ltd. v. Shanghai Tongbao Shipping Co., Ltd. and Guangzhou Salvage Bureau for Dispute over a Marine Towage ContractOu Haiyan22.Panisa International (Private) Limited v. Shenzhen Branch of PICC P&C for Dispute over a Marine Insurance ContractXu Chunlong23.Guangxi Gangqing Grease Co., Ltd. v. Shipowner or Bareboat Charterer of “Mykonos” for Application for the Arrest of a VesselWang Mingsheng24.Case of Application of Bunkeers Marine Pte Ltd. for Arrest of “Nasico Lion” before the Institution of an ActionZhou Chengmin
摘要
PREFACE“BELT & ROAD” INITIATIVE: JUDICIAL THEORIES AND PRACTICES SERIESPREFACEThe “Belt & Road” Initiative is a major strategic deployment made by the CPC Central Committee with President Xi Jinping at its core out of consideration from both domestic and international perspectives to proactively meet the profound changes in global situations, is an important driver of the comprehensive deepening of reform in response to practical demands in a new era, creates a new mode of international cooperation and global governance, sets forth higher requirements for the building of the rule of law in new situations, and provides even broader developmental space for the work of the peoples courts as well as jurisprudential study.On July 8, 2015, the Supreme Peoples Court issued the Several Opinions on the Provision of Judicial Services and Safeguards by the Peoples Courts for the Development of the “Belt & Road” Initiative, clarifying the guiding principles and standards for the peoples courts at all levels to hear “Belt & Road” related cases. In order to strengthen the theoretical research on the judicial services and safeguards for the “Belt & Road” Initiative, the Supreme Peoples Court formed the SPC Belt & Road Judicial Research Center, under which there are judicial research bases, such as the SPC “Belt & Road” Initiative Judicial Research Base, SPC FTZ Judicial Research Base, and SPC Oceanic Judicial Protection Theoretical Research Base, and proof of foreign law research bases.For more than three year, based on Chinas national conditions and judicial patterns, all research bases have vigorously conducted jurisprudential research on specific issues encountered in the development of the “Belt & Road” Initiative, borrowed theories and practices from foreign jurisdictions, made tremendous achievements, and played an import role in studying emerging judicial issues and supporting national decisionmaking, among others. In order to sum up judicial experience in the development of the “Belt & Road” Initiative in a timely manner and maximize the service and guarantee role of the peoples courts in the development of the “Belt & Road” Initiative, the SPC Belt & Road Judicial Research Center compiled the series of “Belt & Road” Initiative: Judicial Theories and Practices.The series is oriented to the judicial needs in the development of the “Belt & Road” Initiative, and pays attention to the combination of theory and practice, particularly to the summarization of trial experience in typical cases in the development of the “Belt & Road” Initiative, promoting theoretical enrichment and innovation based on practice to address practical issues. The series also highlights a strategic standpoint and a full field of view, and summarizes achievements in proof of foreign law and research results of great reference value to judicial practices, not only as an important summarization of Chinas practical judicial experience but also as a means to present the world with Chinas judicial wisdom and judicial experience.As research deepens, the SPC Belt & Road Judicial Research Center will conduct further forwardlooking, pertinent, and reserve research on emerging issues in the development of the “Belt & Road” Initiative, offer more specialized and constructive recommendations, and release more books that may guide practices and serve as an important reference for decisionmaking under the series, so that the series could truly become reference books for theoretical research and practice discussions, providing high quality and high level theoretical guidance for the peoples courts to serve and protect the development of the “Belt & Road” Initiative.Luo DongchuanVicePresident of the Supreme Peoples Court and JusticeMarch 7th, 2019