Maritime Salvage Under Contract: A Comparative Study of Chinese Law and the International Salvage Convention

Lloyd's Maritime and Commercial Law Quarterly, 2017, pp. 286-302.

Centre for Chinese & Comparative Law Research Paper No. 2017/010

18 Pages Posted: 12 Sep 2017

See all articles by Liang Zhao

Liang Zhao

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law

Date Written: September 11, 2017

Abstract

Chinese maritime courts had entertained few maritime salvage disputes by the time the Chinese Maritime Code came into force in 1993. Judicial practice in Chinese courts has developed since then. Nanhai Rescue Bureau of the Ministry of Transport v Archangelos Investments ENE and Another is a recent and important case on maritime salvage under contract in China. This case has gone through five years of trials in the Guangzhou Maritime Court, the Guangdong High People’s Court and the Supreme People’s Court of China. This case raised the persistent issue of applicable law and the new issue of the assessment of the salvage payment in proportion under the Chinese maritime law of salvage. This article examines the issues in this case in relation to the International Convention on Salvage and the Chinese Maritime Code.

Keywords: maritime salvage, salvage payment, contract, Salvage Convention

JEL Classification: K22

Suggested Citation

Zhao, Liang, Maritime Salvage Under Contract: A Comparative Study of Chinese Law and the International Salvage Convention (September 11, 2017). Lloyd's Maritime and Commercial Law Quarterly, 2017, pp. 286-302. ; Centre for Chinese & Comparative Law Research Paper No. 2017/010. Available at SSRN: https://ssrn.com/abstract=3035191

Liang Zhao (Contact Author)

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law ( email )

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong

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