✍ Scribed by Shengnan Jia, Lijun Liz Zhao
No coin nor oath required. For personal study only.
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.
Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
Table of conventions, legislation and rules
Table of cases
List of tables
Authors’ biographies
Foreword by The Hon. Sir Bernard Eder
Chapter 1 Introduction: An Overview of Commercial and Maritime Law in China and Europe
Part I Law in the Books: When East Meets West
Chapter 2 The Curious Concept of Employment Salvage in Chinese Law: The Case of Archangelos Gabriel
Chapter 3 What Is EU Maritime Law – and Will the UK Miss It after Brexit?
Chapter 4 The Modernisation of the Chinese Maritime Code: The Revision of the Hybrid Regime Governing Carriage of Goods by Sea
Chapter 5 Duty to Make Fair Presentation of the Risk under the UK Insurance Act 2015
Chapter 6 Marine Insurance Law Reform in China: Experiences from the UK
Part II Law in Action: Litigation and Alternative Dispute Resolution
Chapter 7 China in the International Commercial Dispute Resolution Arena: The Establishment of the China International Commercial Court
Chapter 8 Cultural and Linguistic Sensitivity in International Arbitration
Chapter 9 Compulsory Consolidation in Arbitral Proceedings: An Infringement on Party Autonomy?
Chapter 10 The Interim Measures Mechanism in International Arbitration in China: Law and Recent Developments
Chapter 11 Chinese Experiences of Commercial Litigation and Mediation in Italy
Chapter 12 Recent Chinese Experience in London Maritime Arbitration and Litigation
Part III Liability Regimes
Chapter 13 Deficiency and Remedy of a Cargo Lien Clause under Multiple Charterparties: From the Perspective of Chinese Law
Chapter 14 Multimodal Transport in German Case Law: The Beginning and the End of the Sea Carriage
Chapter 15 Civil Liability for Marine Oil Pollution in China and Europe
Chapter 16 The Legal Challenges for Seafarers in Claiming Workplace Injury Compensation in China
Part IV Looking Forward: New Initiatives in the Digital Age
Chapter 17 Forward Planning – Regulation of Artificial Intelligence and Maritime Trade
Index
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