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CPIC Qingdao- claim over soybean shortage

时间:2023-03-31 12:14:02 点击:

     In July 2021, MV “CSSC YUAN JING” loaded with Brazilian soybeans, sailed from Barcarena Brazil to Chinese port. Discharge commenced on 18 September, and during which the cargo was found damaged and shortage.  According to preliminary statistics, the cargo lost exceeded RMB 30 million yuan.  Lawyers Judy C Z Lin, Colin Y F Yang and Duan Tingwu from our firm were entrusted by CPIC Qingdao and Qingdao Bohai Agricultural Development Co., Ltd. to intervene in the case in the emergency stage after the cargo damage was found. The damaged quantity and amount of loss were huge. Actually it was one of the cases with larger scale of damage in Zhanjiang Port during COVID-19, the local MSA and port units paid lots of attention to this case. Moreover, the goods in this case were transgenic soybean, and the formalities and procedures are more complicated and difficult than that of normal cases, and the key to this case is how to quickly determine the damaged quantity and amount of loss. Under urgent circumstances that the foreign ship (with a foreign shipowner) was about to leave the port of discharge, it was crucial for our lawyers to persuade the foreign owner to issue the LOU in amount of the cargo loss determined by us. Our lawyers did their best to communicate with the ship during discharge, however, upon the approaching sailing schedule and the negative attitude of the shipowner, our lawyers made a quick response and decide to launch the arrest procedure. We applied to the Guangzhou Maritime Court for pre-litigation arrest, forcing the shipowner to issue a LOU in the amount of 35 million yuan. Such step was of great importance because if the foreign ship left Chinese port, the rights and interests of our Chinese client would suffered great damaged, namely, even if we won the case, the ruling cannot be enforced, because the ship and owner involved are foreign nationality. Since this case obtained a guarantee of 35 million yuan, the rights and interests of our client were secured.  Our client was so satisfied that they said they will entrust our law firm to handle cargo damage involving large amount of imported goods.  

 

        At present, the loss of the case has been determined and a large amount of guarantee has been obtained, we have filed a lawsuit in the Guangzhou Maritime Court, and the trial has been held and a judgment has been made. With a guarantee of 35 million yuan, we will be in a vantage ground for execution in the future.



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