The Supreme People's Court issued typical cases of national maritime trials in 2022, and a case of Dalian Maritime Court was successfully selected!
In recent years, the Dalian Maritime Court has continuously strengthened the construction of the integrated mechanism of "trial, study and research", deeply implemented the strategy of high-quality maritime trials, promoted active justice with high-level results, and enhanced powerful judicial services and guarantees for the development of the maritime economy under its jurisdiction and the construction of the shipping center in Northeast Asia.
Basic case
Hong Kong Masimas Company and Haicheng Mg Fertilizer Company adopted the 1994 Jinkang Voyage Charter Party model to enter into a voyage charter party for the shipment of 6,633 tons of fertilizer by "TOYO MARU" from Bayuquan Port in China to Banjar Masin Port in Indonesia.Unloading operations have been interrupted by rain and strikes.After collecting the freight paid by Haicheng magnesium fertilizer company, Masimas Company filed a lawsuit with Dalian Maritime Court, requesting that Haicheng magnesium Fertilizer Company pay demurrage and interest.
Verdict
The Dalian Maritime Court held that Article 16 (a) and (b) of the 1994 version of the Jinkang Model Voyage Charter Party provided for the calculation of the loading time affected by the strike and the payment of demurrage at the port of discharge, and the "consequences" in paragraph (c) of that article did not include the extension of the loading time, nor did the voyage Charter Party provide that the strike time should be deducted from the loading time. The strike period in question should not be deducted from the loading and unloading time.At the same time, according to the international practice of "once demurrage, always demurrage", the interruption of unloading due to rain after entering the demurrage time should not be deducted from the demurrage time.Accordingly, the court ruled that Haicheng magnesium fertilizer Company should bear the demurrage fee of more than 420,000 yuan and interest.Haicheng magnesium fertilizer company appealed, and the second instance of the Liaoning High People's Court upheld the original verdict.
Typical meaning
This case is about a voyage charter party dispute that occurred in the process of a Chinese enterprise providing infrastructure materials to countries along the Belt and Road.Chinese courts respect international commercial rules, accurately determine the rights and obligations of both parties under the strike clause according to the model Jinkang Voyage charter Party adopted by the parties, and apply international practices to handle the disputes between the parties concerning loading and unloading time, and protect the legitimate interests of Hong Kong parties according to law, which is of reference significance for such foreign-related maritime disputes.The trial of the case will help guide domestic enterprises to correctly understand the rules of international commercial activities in foreign trade activities, safeguard their legitimate rights and interests, and also help create a market-oriented, law-based and internationalized first-class business environment, providing powerful services and guarantees for the healthy development of the international shipping market.
A case number：(2019) Liao 72 Min Chu No. 160
Second case number：(2021) Liaominzhong No. 955
By Kong Xiangyang