Recently, the Maritime Division of Dalian Maritime Court successfully mediated a custody contract dispute involving 17.31 million yuan, which won the unanimous praise of both parties. The mediation of this case is another typical case in which a maritime judge insists on active justice and achieves the conclusion of the case.
Zhonghai Talent is an ore ship built by Dalian Shipbuilding Industry Co., Ltd., and Talent Shipping Co., Ltd. is the buyer of the ship. In January 2013, Dalian Shipbuilding Industry Group delivered the ship to Talent Shipping Company. At the same time, it was agreed that the ship would be suspended from the dock of Dalian Shipbuilding Industry Co., Ltd. after delivery. During the berthing period, Dalian Shipbuilding Industry Co., Ltd. assumed the responsibility for the safety management of the ship. On March 9, 2013, there was a strong wind in Dalian. After the mooring cable of the "Zhonghai Talent" ship was broken, it drifted with the wind and collided with the "Zhongshui" dock in the factory area of Dalian Nancheng Ship Repair Co., Ltd., the cement pier, wharf and other property under repair of the floating dock, causing large property losses. Hounancheng Shipyard and its property insurer Dalian Branch of China Pacific Property Insurance Co., Ltd., as a co-plaintiff, went to the Dalian Maritime Court to sue Talent Shipping for related losses, with an amount of 173.86 million yuan. After many trials, the case finally reached a settlement with the efforts of the judge. The Dalian Maritime Court issued a mediation letter, and the Guangzhou Branch of China People's Property Insurance Co., Ltd., as the ship insurer of the "Zhonghai Talent" ship, paid 34.62 million yuan in compensation to Nancheng Shipyard and Dalian Pacific Insurance Company. In the effective judgment of related cases, the High People’s Court Of Liaoning Province ruled that Dalian Shipbuilding Industry Co., Ltd. was at fault in the process of fulfilling its ship safety management obligations and should bear the loss in proportion to 50% of responsibility. Therefore, Dalian Shipbuilding Industry Co., Ltd. should bear half of the liability.
After accepting the case, Xinxin, the judge, followed the situation of the case at any time, understand the ideas of the parties, and obtain the trust and recognition of both parties. In the process of communication, it is detected that the two parties have the intention to mediate and resolve the dispute. After several rounds of consultations, the two parties shook hands and reached a mediation intention. The plaintiff applied for the withdrawal of the lawsuit on the spot, achieving a win-win situation. The case was successfully resolved and achieved good legal and social results. After the dispute was resolved, the judge received a thank-you letter and a banner from the parties.
by Zhao Weichen