Chinese Maritime Cases

Chinese Maritime Cases

Selection for Year of 2019 (Volume 1)

China (the Mainland of PRC) trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each singe day. Due to the enormous trade volume and shipping activities, foreign ships, companies and professionals are often caught in the Chinese maritime law and court. The foreign parties involved in Chinese litigation or dispute resolution and their lawyers are more and more enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predicate the potential risks and avoid the disputes outright. However, to date, no Chinese series casebook has ever been published. Now, for the first time, the authors offer this series casebook of delicately selected Chinese maritime judgments. Each year, the book selects a number of leading, innovative and influential Chinese maritime judgments and presents full English translation of them, together with summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. The book will benefit the worldwide students, academics, practitioners and industrial people who may be engaged in international trade, shipping, insurance and other transactions concerning China. The book will also indemnify to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions and grows in real life.

China (the Mainland of PRC) trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each singe day. Due to the enormous trade volume and shipping activities, foreign ships, companies and professionals are often caught in the Chinese maritime law and court. The foreign parties involved in Chinese litigation or dispute resolution and their lawyers are more and more enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predicate the potential risks and avoid the disputes outright. However, to date, no Chinese series casebook has ever been published. Now, for the first time, the authors offer this series casebook of delicately selected Chinese maritime judgments. Each year, the book selects a number of leading, innovative and influential Chinese maritime judgments and presents full English translation of them, together with summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. The book will benefit the worldwide students, academics, practitioners and industrial people who may be engaged in international trade, shipping, insurance and other transactions concerning China. The book will also indemnify to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions and grows in real life.

Highlights

• The first series casebook to offer selected Chinese maritime judgments in full English translation on yearly basis The only authoritative source to provide insights of how Chinese maritime judges and courts interpret, apply and develop Chinese maritime law in practice The No. 1 book to assist foreign parties to make wise decision on how to manage their maritime disputes in China

Über den Autor

Martin Davies is an Admiralty Law Institute professor of Maritime Law and director of Tulane Maritime Law Center. Prof. Davies is an international authority on admiralty law who had taught in many jurisdictions before joining the Tulane U. Law School faculty in 2000. He has worked as a consultant for maritime law firms for 30 years and is presently engaged by an international law firm with a maritime law practice in various countries. He serves on the Editorial Board of Lloyd’s Maritime and Commercial Law Quarterly and the Melbourne Journal of International Law. He is a productive author of books on maritime law, international trade law, international sale of goods and torts.

Jiang Lin (John) is an associate professor of Maritime Law and deputy director of Shipping Policy and Law Research Center of Shanghai International Shipping Institute. Jiang started his career as a practicing English solicitor and Chinese lawyer and went back to his mother college Shanghai Maritime U. to be a law lecturer in 2006 while maintaining his lawyering life. He has been researching on the development of maritime law and adjudication in Shanghai and on that basis, authoring the annual white book since 2011. He has also written books and articles in the areas of ship finance and cruise economy. Jiang is an adjunct professor of Tulane U. Law School.