You, Samuel Ding 丁承志
& Ince, in any case

05-03-2020 / 航运

Zhoushan Ship Agency & Forwarding Co. Ltd v. Dalian Fenghai Ocean Fishery Co. Ltd (Sheng Fu) [2018] Zui Gao Fa Min Shen No. 6289 A key feature in arresting ships in Mainland China is that the arresting party must provide counter security for any potential liability that it may incur if the arrest is found to be wrongful. Whilst wrongful arrest of a ship provides a legal cause of action for a claim for damages, the test for wrongful arrest has not been entirely clear. Among the few previously reported cases (and Mainland China does not adopt a precedent-based judicial system), there has been a divergence of views on whether or not the result of the substantive claims would be a decisive factor (in the sense that the arrest would be considered wrongful if the arresting party/claimant ultimately lost its case in the substantive proceedings).

01-05-2015 / 航运

The Shipping E-brief is a quarterly publication providing you with key information on legal decisions and developments in shipping and related business areasnbspSign up here to receive the E-Brief by email each quarterOur Spring edition of the Shipping E-Brief is full of articles dealing with topical shipping issues Download the E-Brief Spring (PDF)You can also subscribe to our podcasts with iTunes

20-04-2015 / 航运

On 28 February 2015, the Chinese Supreme People’s Court (“SPC”) enacted a new judicial interpretation (“the Interpretation”) on ship arrest and judicial sale of ships. This took effect as of 1 March 2015. The Interpretation aims to clarify and streamline the rules and court practice on Chinese ship arrest and judicial sale of ships. This article highlights the main changes that may be of particular interest to owners, charterers (in particular bareboat charterers) and other interested parties whose ships may call at ports in China.