Commercial and Maritime Law in China and Europe

Both China and Europe have a long tradition of commercial and maritime law; and this new book examining various topics from their particular perspectives is both timely and important. It links the vital component of maritime law with commercial law, financial law and trade policy. The book has performed a remarkable task in making connections between China and Europe through the lenses of substantive and procedrual laws, covering a wide range of areas, including commercial law, insurance law, salvage, EU maritime law and Brexit, carriage of goods by sea, arbitration, mediation, litigation, the recently formed China International Commercial Court, and different liability regimes, as well as a brief look forward into new initiatives and artificial intelligence in the digital age. In these challenging times, we all have much to learn from each other in seeking to find answers to what are often difficult problems. This book provides a welcome opportunity for anyone interested in commercial and maritime law to engage in that learning exercise and, looking ahead, thereby to help solve such problems as may arise in the future – in a practical and fair manner. It is therefore of great relevance to both the academic field and the legal practice field in China and Europe.

Foreword, by The Hon. Sir Bernard Eder Chapter 1 Introduction: An Overview of Commercial and Maritime Law in China and Europe, Dr Lijun Liz Zhao, Dr Shengnan Jia Part I Law in the Books: When East Meets West Chapter 2 Employment Salvage in Chinese Law: The Case of Archangelos Gabriel, Professor Proshanto K. Mukherjee Chapter 3 What is EU Maritime Law – and Will the UK Miss it after Brexit? Professor Simon Baughen Chapter 4 The Modernisation of the Chinese Maritime Code: The Revision of the Hybrid Regime Governing Carriage of Goods by Sea, Professor James Zhengliang Hu, Dr Lijun Liz Zhao Chapter 5 Duty to Make Fair Presentation of the Risk under the UK Insurance Act 2015, Professor D Rhidian Thomas Chapter 6 Firm Marine Insurance Law Reform in China: Lessons from the UK, Dr Rui Zheng Part II Law in Action: Litigation and Alternative Dispute Resolution Chapter 7 China as an Emerging Power in the International Commercial Dispute Resolution Arena: The Establishment of the China International Commercial Court, Judge Fa Chen Chapter 8 Cultural and Linguistic Sensitivity in International Commercial Arbitration, James M. Turner QC, Simon Croall QC Chapter 9 Compulsory Consolidation in Arbitral Proceedings: An Infringement on Party Autonomy? Dr Lijun Liz Zhao, Catherine Green Chapter 10 The Interim Measures Mechanism in International Arbitration in China: Law and Recent Developments, Jing Wang, Weisheng Wang Chapter 11 Chinese Experiences of Commercial Litigation and Mediation in Italy, Professor Avv. Francesco Munari Chapter 12 Recent Chinese Experience in London Maritime Arbitration and Litigation, Ian Gaunt, former President of the London Maritime Arbitrators Association Part III Liability Regimes Chapter 13 Deficiency and Remedy of a Cargo Lien Clause Under Multiple Charterparties from the Perspective of Chinese Law, Dr Shengnan Jia Chapter 14 Multimodal Transport in German Case Law: The Beginning and the End of the Sea Carriage, Dr Tobias Eckardt Chapter 15 Civil Liability for Marine Oil Pollution, Professor Michael Faure, Dr Hui Wang Chapter 16 The Legal Challenges for Seafarers in Claiming Workplace Injury Compensation in China, Dr Desai Shan, Dr Pengfei Zhang Part IV Looking Forward: New Initiatives in the Digital Age Chapter 17 Forward Planning – Regulation of Artificial Intelligence and Maritime Trade, Professor Jason Chuah Index

Dr Shengnan Jia was awarded the degree of PhD in Commercial Maritime Law by City, University of London and obtained her first LL.M in China and second LL.M in Sweden. She is Partner, Tahota Law Firm, China; Professional Mentor, the School of Juris Master, China University of Political Science of Law. In her practical career, Shengnan mainly disposes of litigation and arbitration disputes over international trade, commercial, financial and maritime domains involving banking, finance, shipping, logistic and energy industries. During her practice, she has been involved in some important and complex cases (inter alia, disputes over Bank’s Acceptance Bill; Guarantee Agreements; Loan Contract; Asset Transfer and Equity Interests Management Contract; a Contract on Assignment of Claims/Factoring) in the Supreme Court of P.R. of China and different high courts around China. She has been appointed as arbitrator in a range of international commercial disputes, such as Hainan International Association Court, Zhuhai Court of International Arbitration, China; LMAA, UK; an Arbitrator of Caspian Arbitration Society, Geneva and Energy Disputes Arbitration Centre, Ankara. As an expert witness, she has been invited by international law firms to submit the expert witness opinion on Chinese commercial maritime law in the London Court of International Arbitration. In addition, she has been appointed to an Expert of Advisory Panel for China Council for Promotion of International Trade as UNCITRAL Observer on Judicial Sale of Ships since 2021. Beyond her practical career, Shengnan is co-Founding Director, China-Europe Commercial Collaboration Association (CECCA) (London) and Chair of the Board, Stichting CECCA (Netherlands). She is the author of Interim Remedies under English Law and Chinese Law (publisher: Routledge) and has contributed chapters to many legal profession books, such as Maritime Law in Motion (Springer), New Trends in Maritime Law: Maritime Liens, Arrest of Ships, Mortgages and Forced Sale (Thomson Reuters). She has also organized a few international commercial law and maritime law conferences in London and online seminars. She has founded two journals: Journal of Transnational and Chinese Maritime Law (ISSN 2634-4777) and Journal of Transnational and Chinese Commercial Law (ISSN 2634-8209). Dr Lijun (Liz) Zhao is Senior Lecturer (Associate Professor equivalent) in law and Director of Academic Visitor Programme, at City, University of London. Her expertise lies in commercial and corporate law, maritime law, international trade, and policy. Lijun has published extensively on these areas in international peer-reviewed journals. Also, she has attended and presented her research at several high-profile international conferences, including the WTO Ministerial Conference M11 Academic Forum, and Harvard Global Law and Policy conferences. Besides this, Lijun has been awarded Senior Fellowship by the UK Higher Education Academy. Beyond academia, Lijun is co-Founding Director of the China-Europe Commercial Collaboration Association (CECCA), London, Member of Advisory Board of Stichting CECCA, Netherlands, and a member of several professional bodies, such as the London Maritime Arbitrators Association (LMAA) and the China Bar Council. Since September 2018, Lijun has joined a Working Group at the International Maritime Committee (CMI) as a Member and Law Expert, and currently is working on the Restatement of General Maritime Law (Lex Maritima).