On 30 June 2023, the Supreme People's Court released the typical cases of national maritime trials in 2022. The case concerning the dispute between MAXIMAS INTERNATIONAL GROUP LIMITED and HaichengMeifei Industry Co., Ltd. over a voyage charter party represented by attorneys Liu Rong and Jiang Yun of Globe-Law(Dalian)Law Firm was successfully selected. (Selected Case Serial Number: Case 9)

[Case Brief]

The lessor, Hong Kong Maximas Company, and HaichengMeifei Company entered into a voyage charter party using the 1994 Gencon voyage charter party model, stipulating that 6633 tons of chemical fertilizer will be shipped with “TOYO MARU” vessel from Bayuquan Port in China to Banjarmasin Port in Indonesia. The unloading operation was interrupted by rain and strike. Maximas filed a lawsuit for demurrage claim with Dalian Maritime Court, requesting the court to order Dalian Xinyi Company and Haicheng Meifei Company to bear joint and several liabilities on the ground of corporate legal personality confusion.

Attorneys Liu Rong and Jiang Yun represented Dalian Xinyi Company and HaichengMeifei Company in the first instance, and their defense viewpoint that the legal personality confusion was untenable was supported by Dalian Maritime Court. Dalian Maritime Court ruled that Haicheng Meifei Company should bear the demurrage fee of more than RMB 420,000 and interest.

[Typical Significance]

This case is a case concerning a voyage charter party dispute that occurred when the China enterprise provided infrastructure materials to a country along the “Belt and Road”. China court respected international commercial rules, accurately determined the rights and obligations of the parties under the strike clause according to the Gencon voyage charter party model adopted by the parties, and applied international practices to deal with the dispute between the parties over loading and unloading time, so as to protect the legitimate interests of Hong Kong party according to law, which is of reference significance for the cases concerning such foreign-related maritime dispute.

This case is a case represented by Globe-Law(Dalian)Law Firm (the “Dalian Office”)  that has been selected as the typical national maritime trial cases by the Supreme People's Court for two consecutive years following the maritime injunction case being selected as the typical national maritime trial cases 2021 by the Supreme People's Court, fully reflecting the professional level and rich experience of the Dalian Office in the field of admiralty and maritime legal services.