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The soyabean damages onboard MV "ELIKON" in Fangchenggang, Guangxi Dispute over the contract for the carriage of goods by sea

时间:2023-03-31 12:23:06 点击:

      On 16 February, 2019, MV "Elikon" shipped 45, 941.434 metric tons of soybeans in Santarém port Brazilian, and issued clean bills of lading. From 12 April to 18 April, 2019, when MV "Elikon" arrived at Fangchenggang in Guangxi during unloading operations, it was found that the soybeans under the aforementioned bills of lading suffered heat damage, and the goods were moldy, discolored, wet and caked. The ship was required to provide a letter of guarantee issued by the UK P & I Club in the amount of RMB 232, 000, 000 yuan.


      The cargo owner of the soybean, Guangxi Hui Yu Oils and Grains Industries Co., Ltd., and the cargo transportation insurer, Ping’An Property Insurance Co., Ltd. of China, both brought lawsuits against the ships, arguing that the cargo damage should be attributed to the carrier, the ship's owner, Mount Elikon Navigation S.A, was required to pay compensation of US $744,009 for the loss of the goods and 2,600,000 yuan for insurance compensation (RMB 7,481,513 in total). We took part in the lawsuit on behalf of the owner of the ship, Mount Elikon Navigation S.A. Under the mediation presided by the court, the case was finally settled with the plaintiff in the amount of 4.05 million. Judy C Z Lin, Colin Yang and Ding Ting of our law firm handled the case on behalf of the defendant, Mount Elikon Navigation S.A. Through our best efforts, we have greatly reduced the loss for our clients and achieved a very satisfactory result for our clients.


      The typical significance of this case: Chinese judges treat the overseas parties fairly, justly and equally in cases involving foreign elements.

 

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