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  • WJNCO lawyers were invited to attend seminars discussing amendments to the PRC Special Maritime Procedure Law

  • DATE:2019-11-8
  • The seminar (for South China Area) discussing amendments to the PRC Special Maritime Procedure Law was successfully convened on 28 October 2019 in the conference hall of the International Maritime Justice (Guangzhou) Base of the PRC Supreme People's Court, which is located at 11/F of the Nanzhou trial building of Guangzhou Maritime Court. Senior judges from the PRC Supreme People's Court, the Higher People's Courts of four southern provinces and Maritime Courts, representatives of Guangdong lawyers, experts and scholars all attended to present comments and suggestions on amending the PRC Special Maritime Procedure Law. Our Managing Partner, Mr. Chen Xiangyong, Senior Associate Ms. Zhang Jing, and Associate, Mr. Liu Chunxu were invited to attend. In fact, our Equity Partner Mr. Xu Jun had attended the seminar (for East China Area) in Shanghai on 16 October 2019.

    Focusing on the increasing bankruptcy cases involving port and shipping enterprises in recent years, Mr. Chen analyzed the peculiarity of such kind of cases and pointed it out that the solution lies in establishment of unified jurisdiction by the Chinese maritime courts over these cases; whilst maritime lawyers shall use their expertise to assist the maritime courts in developing proper case handling. Mr. Chen further presented instructive comments on how to improve the ship arrest mechanism, the maritime injunction system and maritime evidence preservation rules for adapting to the new economic situation.

    By summarizing the actual practices on custody of arrested ships, Mr. Xu Jun analyzed the pros and cons of 3 practices, i.e. the ship arrest applicant’s voluntary advance payment, court arrangement for the applicant to advance payment and court arrangement for a third party to advance payment. He suggested the amendment should aim at standardizing the custody practice and distinguishing rights and liabilities of all parties so as to avoid derivative disputes.

    Since practicing law, Ms. Zhang Jing has handled substantial foreign-related maritime disputes for domestic and foreign clients. Based on her years of experiences, Ms. Zhang presented at the seminar unique opinions on issues concerning legal service of maritime cases upon foreign clients, notarization and legalization of evidence originated outside Mainland China, etc.

    Relying on his case-handling experiences, Mr. Liu Chunxu analyzed several problems occurring in the procedures for exigence of maritime liens and for judicial maritime publicity, proposed to adjust the junction of competent courts, to standardize ways and approaches of maritime publicity and to clarify contents of maritime publicity.

    In addition, the Firm further organized an internal discussion and convened all our lawyers to attend for reasoning issues and disputes not covered by the topic list provided by the law-amending research group. A written opinion has also been submitted to the research group for reference.

    WJNCO are devoted to providing maritime litigation services for many years. We have acted for worldwide clients in thousands of maritime cases to seek dispute resolutions and accumulated substantial experiences. While the PRC Maritime Code and the PRC Special Maritime Procedure Law will be amended and renewed, relying on our professionalism, WJNCO will, as always, make contributions to the improvement of maritime legal environment in China. 

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