2021年7月,“中船远景”(CSSC YUAN JING) 轮从巴西巴卡雷纳港 (BARCARENA BRAZIL)载运一批巴西大豆货物,运往中国港口。9月18日开始卸货,在卸货过程中发现载运的大豆发生严重受损和短少。据初步统计,货物损失金额超过人民币3000万元。 我所林翠珠、杨运福、段亭武律师受青岛太保和青岛渤海农业发展有限公司委托,在货损发现后紧急阶段介入该案,本案货损数量和数额非常大,这是湛江港疫情期间货损数量比较大的案件之一 ,当地海事局和港口单位都非常关注本案。并且本案货物属于转基因大豆,处理起来手续和程序都比较复杂和难度大,本案的关键在于如何快速确定货损数量和数额,在外轮(外国船东)将要离开卸货港的紧急状况下,说服外轮船东接受我们确定的货损金额提供担保。我所律师在船舶靠港卸货期间竭尽全力与船方沟通,但看到船期将近及船东的消极态度,主办律师快速做出准确的反应,马上启动扣船程序,向广州海事法院申请了诉前扣船,迫使船东出具了数额为 3500万元的担保函(如果外轮离开中国港口后,我方(中国)当事人的合法权益将大大受损,因为即使打赢官司,也无法执行,因为涉案船舶和船东都属外国国籍)。本案因为取得3500万元的担保,从而保护了我方(中国)当事人的合法权益,得到我方当事人的高度认可和肯定,他们表示以后涉及大额进口货物的货损案件,都会委托恒福所处理。
目前,因该案损失己确定,并拿到大额担保,我方已在广州海事法院提起诉讼,一审已经开庭,作出判决。因为有 3500万元担保,在以后的执行,我方将处于非常有利的地位。
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.