On March 20, 2024, the “Some Matters and Experiences in Maritime and Shipping” thematic sharing event was successfully held in Longan Guangzhou. Young lawyers from Longan Guangzhou, Lawyer Peng Jinqiu and Lawyer Cai Mengfei, provided insightful and engaging presentations on related topics.
Lawyer Peng Jinqiu
Lawyer Peng Jinqiu presented a presentation titled “Unveiling the Mysteries of Maritime and Shipping: The Beginning of a Journey”. First, he gave a brief introduction to the origins of maritime and shipping activities. He also analyzed the challenges involved in maritime and shipping cases, such as the intersection of various disciplines, multiple foreign-related factors (cross-inland seas, coastal areas, international waters, etc.), and the lack of regulation in the market. Using a case involving ship ownership disputes, Lawyer Peng explained the various forms of irregularity in the maritime and shipping market. First, there is the problem of frequent “affiliated operation” practices. Ship ownership is both corporate and private; actual shipowners must determine the true ownership through “affiliated agreement” documents. Second, there are labor disputes involving crew members, as well as various irregularities in practice. “Crew members are both employees and not employees.” There are also cases where goods are transported without contracts. Then, Lawyer Peng analyzed a specific case—“The liability dispute regarding the collision damage between Zhaoqing Ship H and Zhuhai Ship C in Macau waters” (selected as one of the first batch of cross-border disputes in the Guangdong-Hong Kong-Macao Greater Bay Area by the Guangdong Higher People’s Court in 2019)—including legal application, liability, and key issues. He also explained the differences between maritime authorities in mainland China and Macau in accident investigation.
Lawyer Cai Mengfei
Lawyer Cai Mengfei presented a presentation titled “Remedies for Shippers in Cases of Unpaid Shipment”. Starting with typical maritime and shipping cases, Lawyer Cai explained the reasons for unpaid shipments. As shipping speeds increase, goods usually arrive at the destination port before the bill of lading. To avoid losses due to overstocking of goods, ships, and ports, carriers often deliver goods using a copy of the bill of lading issued by the shipper without the original bill of lading, along with a guarantee. Then, Lawyer Cai explained the process of receiving goods and the criteria for determining unpaid shipments. She also analyzed the differences between three main parties: carriers with ships, carriers without ships, and freight forwarders, in terms of statute of limitations and legal basis. Lawyer Cai pointed out that the key to identifying carriers without ships and freight forwarders lies in qualification certification, registration information, and type of bill of lading. Finally, she shared key points about how carriers defend themselves and how losses are calculated for shippers.
LONGAN
This “Some Matters and Experiences in Maritime and Shipping” thematic sharing event was organized by young lawyers from Longan Guangzhou. It focused on challenges, case analysis, and unpaid shipments related to maritime and shipping. It promoted communication and cooperation among young lawyers in the firm, reflecting the energetic, professional, reflective, and sharing nature of young lawyers from Longan. In the future, Longan Guangzhou will continue to build a platform for openness, exchange, cooperation, and sharing. It will improve the growth mechanisms for young lawyers and enable them to practice their profession in a high-quality and healthy manner.