KaiRong Law Firm | China | 27 Sep 2023
In 2023, the International Convention for the Prevention of Pollution from Ships (MARPOL), celebrates its 50th anniversary. As one of the most significant conventions of the International Maritime Organization, the MARPOL has a profound impact on protecting the marine environment. China has enacted and amended a series of laws and regulations to comply with the requirements of the convention......
KaiRong Law Firm | China | 20 Sep 2023
Recently, the State of Council and the Central Military Commission announced a special, much-anticipated national unmanned aerial vehicle (UAV) regulation, the Provisional Regulations on the Flight Management of Unmanned Aircraft, which will take effect on 1 January 2024. This article introduces this exhaustive regulation and highlights concerns in the industry.
KaiRong Law Firm | China | 16 Aug 2023
The Ministry of Transport recently released the legislative programme for the year 2023. The programme divides regulatory projects into projects to be completed and announced by 2023 and those to be further studied and promoted. Among these projects, there are laws, administrative regulations and rules that are important for the civil aviation industry and will draw attention from air......
KaiRong Law Firm | China | 9 Aug 2023
In a guiding case issued by the Supreme Court, the Court made it clear that article 308 of the Contract Law would be applied in the field of carriage of goods by sea, but that its application would be subject to certain restrictions based on the special nature of carriage of goods by sea.
KaiRong Law Firm | China | 5 Jul 2023
In practice, flights can be cancelled due to various reasons, especially during a pandemic period, for the consideration of public safety. An air carrier's obligations regarding flight cancellation have long been issues of concern. Among other decisions, a judgment entered by the Guangzhou Intermediate People's Court in 2022 reminded air carriers of their notification obligations to......
KaiRong Law Firm | China | 5 Jul 2023
Recently, the Nanjing Maritime Court released its 2022 Annual Judicial, which lists several model cases that the Court handled. One of these cases is particularly instructive in its analysis of the legal issue on the short delivery of bulk cargoes that often arises in practice. This article analyses this dispute over whether the plaintiff could claim damages from the defendant carrier for the......
KaiRong Law Firm | China | 28 Jun 2023
Article 2.1.1 of Annex 12 of the Chicago Convention (to which China is a contracting state) stipulates that contracting states must provide search-and-rescue services within their territories on a 24-hour basis. This article discusses key legal issues that can arise in China from a missing aircraft, especially regarding China's liability for aircraft search and rescue, its role in the......
KaiRong Law Firm | China | 14 Jun 2023
Last year, the Shanghai Maritime Court issued a ruling recognising the judgments and orders of the English High Court and Court of Appeal in the charterparty dispute between Grand China Logistics Holding (Group) Co, Ltd and Spar Shipping AS. This case marks the first time that a Chinese court has recognised a commercial or maritime judgment rendered by an English court as having legal effect......