Chinese Maritime and Commercial Law ReportsChinese Maritime and Commercial Law ReportsBusiness intelligence |

Informa Law are the only publishers of the English language edition of Chinese Maritime and Commercial Law Reports. Volume 2 2017 of the Reports is now available on i-law.com.

Chinese Maritime and Commercial Law Reports provide you with:

uFull text English language translation of Chinese maritime and commercial court judgments, Chinese Supreme Court replies, important legislation and decrees, judicial opinions and lectures from Chinese judiciary

uExpert case selection and translation carried out by distinguished maritime law experts, Editors-in-chief Professor Si Yu Zuo, former President of Dalian Maritime University, and Philip Peng, senior partner at DeHeng law firm. They are supported by a distinguished team of industry experts

uCoverage of maritime law, international commercial arbitration, sale of goods, letters of credit, insurance claims, company and joint ventures, ship building, ship finance and anti-monopoly law issues

uRegular updates plus access to an archive of case reports, important legislation and decrees and judicial opinions dating back to 2010

Now on i-law.com

Chinese Maritime and Commercial Law ReportsChinese Maritime and Commercial Law ReportsBusiness intelligence |

Angang Group International Trade Corporation and Another v Sea Success Maritime Inc Qingdao Maritime Court of China, [2011] QHFHSCZ No.20. Before Presiding Judge Li Xudong, Judge Zhang Bo and Judge Sun Peng.Ship collision – Carriage of iron ore from Australia to China – Ship sank with cargo – Limitation of liability for maritime claims – Standard for deprivation of limitation – Cargo owner bought cargo on basis of long-term contract – Sales quota for contract between Chinese buyer and Australian mines – Cargo buyer alleged to supplement cargo from spot market – Spot market price higher than long-term price – Compensation of loss – Calculation of interest.

Suzhou Meien Superconducting Co Ltd v Sinovel Wind Group Co Ltd and AnotherSupreme People’s Court of China, [2013] MTZ No.54. Before Presiding Judge Xia Junli, Acting Judge Ma Xiurong and Acting Judge Dong Xiaomin.Commercial arbitration – Sales contract for electronic control equipment and related software for wind turbine power generation sets – Seller alleged buyer infringed copyright in the software – Buyer argued fixing/revising of software code was necessary for amending defects where seller failed to rectify problems – Scope of applicability of arbitration clause – Meaning of “disputes relating to the contract”

Chen Fashu v Yunnan Hongta Tobacco Group Co LtdSupreme People’s Court of China, [2013] MEZZ No.42. Before Presiding Judge Gong Bangyou, Judge Zhu Hainian and Acting Judge Lin Haiquan.Equity share transfer dispute – Agreement regarding transfer of state-owned assets – Approval procedure by state owned assets and supervisory organs – Transferor reported transfer to parent company for decision – Rejection of transfer – Liability of culpa in contrahendo (pre-contract liability) – Whether the transferor faithfully completed related formalities – Loss of reliance interest.

For more information please contact lawsales@informa.com or call +44 (0)20 7017 7565

Zhongshang Hualian Kemao Co Ltd v Changyi Kunfu Co LtdSupreme People’s Court of China [2013] MTZ No.138. Before Presiding Judge Wang Xiansen, Judge Yang Zhengyu and Acting Judge Zhang Xuemei.Sales of goods – Goods stored in warehouse – Seller’s obligation to transfer title of goods to buyer – Seller issued Certificate for Transfer of Title, instead of providing warehouse delivery note or delivery order to buyer – Risk (by fire) of cargo loss during warehousing – Whether seller duly performed its obligations by issuing Certificate for Transfer of Title to buyer – Whether buyer was at fault in taking timely delivery of goods – Principle of good faith – Ancillary contract obligation regarding notification, assistance, and cooperation.

Dalian Ocean and Fishery Bureau v Ondimar Transportes Maritimos Ltda and AnotherSupreme People’s Court of China, [2015] MSZ No.1637. Before Presiding Judge Hu Fang, Judge Guo Zhonghong and Judge Yu Xiaohan.Marine pollution damage – International Convention on Civil Liability for Oil Pollution Damage 1992 (CLC Convention) – Reasonable measures of reinstatement – Environment capacity loss – Recoverability of marine environment/ecosystem loss – Court’s determination regarding quantity of spilled oil – P&I Club’s joint and several liability for oil pollution damage – Time limit for court’s handling of the case.

Ennead Architects International LLP v R&F Nanjing Real Estate Development Co LtdNanjing Intermediate People’s Court of China, [2016] SRG No.1. Before Presiding Judge Wang Sheng, Judge Jiang Xin and Judge Lu Hongxia.Commercial arbitration – Arbitral award issued by CIETAC Hong Kong – Seat of arbitration – “Nationality” of arbitral award – Arrangement Concerning Mutual Enforcement of Arbitral Awards Between the Mainland and the Hong Kong Special Administrative Region.

The cases below appear in volume 2 of the 2017 edition of the Reports on i-law.com