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Maritime salvage under contract: a comparative study of Chinese law and the International Salvage Convention

Maritime salvage under contract: a comparative study of Chinese law and the International Salvage Convention
Maritime salvage under contract: a comparative study of Chinese law and the International Salvage Convention
Chinese maritime courts had entertained few maritime salvage disputes by the time the Chinese Maritime Code came into force in 1993. Judicial practice in Chinese courts has developed since then. Nanhai Rescue Bureau of the Ministry of Transport v Archangelos Investments ENE and Another is a recent and important case on maritime salvage under contract in China. This case has gone through five years of trials in the Guangzhou Maritime Court, the Guangdong High People’s Court and the Supreme People’s Court of China. This case raised the persistent issue of applicable law and the new issue of the assessment of the salvage payment in proportion under the Chinese maritime law of salvage. This article examines the issues in this case in relation to the International Convention on Salvage and the Chinese Maritime Code.
0306-2945
286-302
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda
Zhao, Liang
613edba3-09db-4b4e-a0ac-94ed7ff2cbda

Zhao, Liang (2017) Maritime salvage under contract: a comparative study of Chinese law and the International Salvage Convention. Lloyd's Maritime & Commercial Law Quarterly, 2017 (286), 286-302, [376826].

Record type: Article

Abstract

Chinese maritime courts had entertained few maritime salvage disputes by the time the Chinese Maritime Code came into force in 1993. Judicial practice in Chinese courts has developed since then. Nanhai Rescue Bureau of the Ministry of Transport v Archangelos Investments ENE and Another is a recent and important case on maritime salvage under contract in China. This case has gone through five years of trials in the Guangzhou Maritime Court, the Guangdong High People’s Court and the Supreme People’s Court of China. This case raised the persistent issue of applicable law and the new issue of the assessment of the salvage payment in proportion under the Chinese maritime law of salvage. This article examines the issues in this case in relation to the International Convention on Salvage and the Chinese Maritime Code.

Text
Lloyd's Maritime and Commercial Law Quarterly - MARITIME SALVAGE UNDER CONTRACT - A COMPARATIVE STUDY - Version of Record
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Accepted/In Press date: 1 April 2016
Published date: 2017

Identifiers

Local EPrints ID: 437433
URI: http://eprints.soton.ac.uk/id/eprint/437433
ISSN: 0306-2945
PURE UUID: 0682552f-8e53-4fd6-8853-5a073e6673ee
ORCID for Liang Zhao: ORCID iD orcid.org/0000-0003-1299-1000

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Date deposited: 30 Jan 2020 17:36
Last modified: 17 Mar 2024 04:01

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