Take you to the "Maritime Trial Report of the Nanjing Maritime Court (2021)"

In order to comprehensively review the work of 2021, summarize the experience of maritime trials, and better play the role of maritime trial functions, the Nanjing Maritime Court has released the Sino -British bilingual maritime trial report for the second consecutive year since its duties. Let's follow the judge's telling to understand the specific content of the maritime trial report.

Hello everyone, welcome to watch the "Voice of the Sea Law" in this issue. Today I will introduce the relevant situation of the Maritime Trial Report of the Nanjing Maritime Court (2021).

On the occasion of the 14th World Ocean Day and the 15th National Ocean Propaganda Day, the Nanjing Maritime Court held a "offline+online" press conference to release the "Nanjing Maritime Court Maritime Judgment Report (2021)", which was released. This is also the second consecutive year that the Nanjing Maritime Court has released the Chinese and English bilingual maritime trial reports for the second consecutive year.

Hello Everyone, Welcome to the "Voice of Maritime Court", TODAY I Would Like to Intropule to You The "Report on Trials of Nanjing Marit, PRC of 2021".

On the occasion of the 14th World Oceans Day and the 15th National Ocean Awareness Day, NMC held an "offline online" press conference and released a bilingual trial report for a second consecutive year since NMC performed its duties in 2019.

In order to comprehensively review the work of 2021, summarize the experience of maritime trials, and better play the role of maritime trial functions, this maritime trial report has increased the opinions and suggestions on the development of the Hong Kong and Airlines ship industry on the basis of the continuation of previous years. Basic situations, work highlights, problems and suggestions, and typical cases. The following will be briefly introduced to everyone.

In order to fully review the work in 2021, summarize the trial experience and enhance the function of maritime adjudication, this report follows the same structure as the previous one and incorporates certain specific comments and suggestions on the development of the shipping industry. It mainly concerns Four PARTS: Basic Facts, Work Highlights, issees and suggestions, and typical cases. Now please all to give you a summary of the report. In 2021, the Nanjing Maritime Court closely focused on the goal of "striving to build a national first -class or even influential international maritime court" to serve Jiangsu's higher levels of opening up and high -quality economic and social development. Among them, 197 cases of foreign -related, Hong Kong, Macao and Taiwan were accepted, accounting for 8.71%of the total number of civil cases. The case involved 41 countries or regions such as Hong Kong, Singapore, and Marshall Islands. 80 cases involved in the signing of the "Belt and Road", accounting for 40.61%, involving 19 "Belt and Road" signing countries including Singapore, South Korea, and Panama.

The first part is about the basic facts on our work. In 2021, committed to the goal of “striving to build a first-class maritime court of China with international influence”, and aiming to guarantee a higher level of opening up and high- quality economic and social development in Jiangsu Province, NMC accepted 3,409 cases of various types.197 cases involved 41 countries or regions such as Singapore, the Marshall Islands and Hong Kong(China), accounting for 8.71% of all civil cases accepted. There were 80 Cases Namely 40.61% of Such 197 Cases Involving 19 Signatories of the "Belt and Road Initiative", Such as Singapore, SOUTH KOREA, Panama and so on.

The second part is the highlight of the work. In 2021, the Nanjing Maritime Court resolutely implemented the new development concept and accurately escorted the overall national strategic situation of marine powers; vigorously implemented the strategy of trial boutiques, concluded and launched 23 typical cases, and disputes in the construction of contracts together, and was selected as the top ten maritime trials in the country. Typical cases; in -depth practice of justice as the purpose of the people, add 12 one -stop resolving resolving centers, set up 5 crew membership protection workstations, and continuously enhance the people's sense of maritime judicial gain; promote the "four -party collaboration" of maritime judicial and administrative law enforcement to expand to expansion until The "1+10" model, cooperated to build the nation's first "point -to -point" ship to implement the investigation and control system online; formulate a five -year plan for the construction of the team, and launch the "Sea Law Elite" training plan. One judge was evaluated by the national trial business expert, 2 The name judge was evaluated by the province's trial business expert, and a judge was awarded the advanced individual of maritime trial work in foreign affairs.

The second part is about the highlights of our work. In 2021, NMC firmly implemented the New Development Philosophy and provided judicial safeguard for the important national strategies such as the building of a Maritime Power. NMC implemented the strategy of top-class adjudication, and concluded and selected 23 typical cases of various types. One case involving an international ship building contract dispute was selected as one of the national top ten typical maritime cases of 2021. In order to thoroughly practice justice for the people and enhance the people's satisfaction , 12 one-stop dispute resolution centers and 5 crew workstations were set up. To facilitate the cooperation between maritime adjudication and administrative law enforcement, NMC promoted to upgrade the previous “four party collaboration” scheme to “1+10” scheme and successfully created the first "Peer-TO-Peer" online ship surForcement and control system in China. In terms of polsonnel management, nmc formularlyd a fi ve-year Plan for Team Building(2021-2025) and launched the "elites of maritime court" training program. In 2021, one judge was awarded as “the national adjudicative expert”, two were awarded as “the provincial adjudicative expert”, And one was awarded as "Outstanding Individual in Foreign-Related Commercial and Marine Trials". The Maritime Jury Report combines relevant cases and combines the results of the professional trial team to investigate the results of the professional trial team. Enterprises prevent legal risks from the aspects of cautious financing, fully formulating contract terms, and focusing on collecting evidence. It is recommended that shipping enterprises reduce the risk of defaulting in terms of legal exercise of reserve rights, detailed stagnation fees, and improving awareness of risk prevention.

The third part is about comments and suggestions for various maritime entities. Based on relevant cases sorted out and surveys, investigations and studies carried by our adjudicative teams, the report put forward targeted suggestions on the legal risks concerning ship building, cargo transportation, freight forwarding , marine fisheries and other fields, covering 4 categories and 12 issues. For example, we suggest that ship building enterprises could prevent legal risks by financing prudently, formulating contract terms carefully, and collecting evidence seriously. Also, shipping enterprises could reduce default risks by Exercising their liens, refining the demurrage terms in control and improving the awareness of risk prevention. In order to actively respond to social concerns, guide the correct value orientation, the maritime trial report carefully selected 10 typical cases to publish. Among them, there are uniform laws applicable, such as "Dingheng 18 rounds of settlement of compensation liability restrictions on fund cases" for shipping companies to correctly use maritime compensation liability restrictions to avoid shipping risks. 5 The seizure of the case before the lawsuit effectively protects the safety of the Yangtze River waters. It is the vivid practice of the Maritime Court to implement the "Yangtze River Protection Law". The case was selected as the top ten typical cases of the province's courts in 2021; "NHE's application for recognition and implementation of foreign arbitration awards", exercised national judicial sovereignty in accordance with the law, and equally protect the legitimate rights and interests of Chinese and foreign parties.

In the fourth part, in order to actively respond to social concerns and guide correct value orientation, the report released 10 typical cases carefully selected. Some of them concerned the unified application of law, such as the case where “Shanghai Dingheng Shipping Co., Ltd. Applied for the establishment of limitation of liability fund for marine claims”, which provides rules and guidelines for shipping enterprises to correctly use the limitation of liability system for marine claims . Some cases set the benchmark for rule of law, such as the case concerning “Pre-litigation seizure of 'Gao Cheng 5'”, which gives effective protection of the Yangtze River waters. As a good practice of NMC's implementation of the “Yangtze River Protection Law”, the case was selected as one of the top ten typical cases in courts of Jiangsu Province in 2021. Some cases emphasized the promotion of the spirit of rule of law, such as the case of “Application for recognition and enforcement of foreign arbitral award by NHE Shipping Co.,Ltd.and Jiangsu Sihairong Import Export Co.,Ltd.”,which exercised the national judicial sovereignty in accordance with law and equally protected the legitimate rights and interests of Chinese and foreign parties.以上就是海事审判报告In the next step, the Nanjing Maritime Court will continue to play an important role in the summary experience, publicity and promotion, and risk guidance of trial reports and typical cases. It is committed to providing more stable judicial expectations for Chinese and foreign parties and continuously optimizing the business environment of rule of law.

The above is an overview of the report. In the future, NMC will continuously pay attention to trial reports and typical cases , to give full play to their important role in summary of experience, promotion and risk alert. In this way, we hope to PROVIDE A more Stable Judicial Expectations for Chinese and Foreign Parties and To Optimize a Law-Based Business Continuously.

thank you all.

Thanks for your listning, byebye!Source: Nanjing Maritime Court

Speaker: Gao Jiajia

(Nanjing Maritime Court Taizhou Court 4 Senior Judge)

- END -