The Ministry of Transport (MOT) published on its official website the Regulations of the People's Republic of China on International Maritime Transportation (Revised Draft for Comments), soliciting public opinions, and after reading it, we would like to briefly comment on the Revised Draft as follows:

Recently, the International Maritime Organization (IMO) formally released the Interim Guidelines on Safe Operation of Onshore Power Supply (OPS) Service in Port for Ships Engaged on International Voyages by Circular MSC.1/Circ.1675, which was compiled under the leadership of China. The Guidelines provides a global unified safety operation standard for the use of onshore power by ships in port engaged on international voyages, which successfully fills the gap of IMO in this field.

On July 5, the CMLA COLLOQUIUM ON MARITIME LAW 2023 CUM ACADEMIC FORUM ON THE 30TH ANNIVERSARY OF THE MARITIME CODE, organized by the China Maritime Law Association (CMLA), was successfully held at Sun Yat-sen University in Guangzhou. The theme of the forum was “Looking Back to Thirty Years and Looking Forward to the Future - Commemorating the 30th Anniversary of the Implementation of the Maritime Code of PRC”. Representatives from the Supreme People’s Court, the Ministry of Transport and other relevant departments, as well as academics, enterprises and lawyers attended the forum. 

Introduction: Recently, Hai Tong & Partners, acting for a Norwegian shipowner, applied to Shanghai Maritime Court for recognition of the judgments and orders of English courts and was ruled in favor. This is a case in which Chinese court for the first time recognized commercial judgment of English court in accordance with the principle of reciprocity. This case reverses the long-standing misunderstanding that the reciprocal relationship is interpreted restrictively as ‘reciprocal on fact’ in Chinese judicial practice, and is the first case in which Chinese court recognizes commercial judgments of English courts on the basis of the principle of “reciprocal on law”. This case is also the first case for trial of the recognition and enforcement of foreign court judgments with reference to the Memorandum of the National Courts' Symposium on Trials for Commercial and Maritime Cases Involving Foreign Elements (hereinafter as “the Memo”). Basic opinions put forward by Hai Tong in this case were fully reflected in Part 9 of the Memo concerning “Trial of Cases Concerning Application for Recognition and Enforcement of Judgments of Foreign Courts”. Given the global influence of English courts in commercial disputes resolution, the ruling of Chinese court in this case is of milestone significance, which shows that with the tremendous development of China in economic field, China will be more open and inclusive in the field of foreign-related commercial trial and judicial assistance.

Last week, the Supreme People’s Court of the People’s Republic of China (hereinafter referred to as “SPC”) issued the Memorandum of the National Courts' Symposium on Trials for Commercial and Maritime Cases Involving Foreign Elements (hereinafter referred to as “the Memo”). The Memo consists of three parts: section of foreign-related commercial affairs, section of foreign-related maritime affairs and section of judicial review for arbitrations. Although it is not a law or judicial interpretation, it is of great guiding significance to the trial for future cases because it is a summary by the SPC and people's courts at all levels based on the judicial precedents and trial experience in previous years.