In the case of general average dispute between a certain shipping company as the plaintiff and a certain petrochemical company in Dalian and a certain petrochemical company in Hainan as the defendants, on February 15, 2023, the South Korean - flagged vessel "OCEAN" owned by a certain shipping company loaded 6,000 tons of chemical raw materials and departed from Bataan Peninsula in the Philippines for Dalian, China. On February 18, while the vessel was navigating in the Taiwan Strait, its propeller was entangled by fishing ropes in the sea, causing the main engine to stop running. Subsequently, the captain urgently instructed the vessel to anchor near the sea of Xiamen. Affected by the severe weather and the underwater construction environment, the vessel entered the port and berthed for removal operations. The next day, a certain shipping company declared general average due to the Accident. On March 5, the vessel completed the removal operations. Then, a certain shipping company carried out the general average adjustment in South Korea, and brought an action in Dalian Maritime court, claimed that a certain petrochemical company in Dalian was the consignee of the cargo carried by a ship and a certain petrochemical company in Hainan was the actual cargo owner, and requested the court make a ruling that the two companies jointly and severally pay 2.78 million RMB and its interest for the general average contribution. The court patiently and carefully interpreted the law and clarified the reason to all parties regarding general average adjustment, identification of losses and application of law. Eventually, a mediation was reached. A certain petrochemical company in Dalian and a certain petrochemical company in Hainan have fully paid 1.41 million RMB to a certain shipping company in accordance with the civil mediation statement.
【Typical Significance】When a ship involves in a common maritime adventure during its voyage at sea, if the shipowner intentionally and reasonably makes or incurs extraordinary sacrifice or expenditure for the common safety for the purpose of preserving from peril the ship, goods or other property, the cargo owner is also required to share contribution in general average . This is a domestic law developed from international practices. General average disputes are characterized by foreign - related nature, technicality, and professionalism. In this case, one party is a foreign enterprise, while the other two are large private enterprises in China. The court adheres to the principle of equal protection, actively applied the "Eastern Experience" to resolve foreign - related maritime commercial disputes while patiently explaining specialized laws and professional techniques, enabling the international shipping market players to share not only the shipping benefits but also the risks of sea transportation and return to a win - win cooperation after resolving the disputes, which effectively promotes private enterprises to deeply integrate into the construction of a strong provincial marine economy.