中国海事商事仲裁资讯2024年第1季度,2024Q1

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

CMAC Maritime Silk Road Arbitration Center Successfully Mediated a Foreign-related Case Entrusted by Xiamen Maritime Court

FROM:CMAC | 2024-03-31

Recently, Xiamen Maritime Court entrusted a foreign-related case to the China Maritime Arbitration Commission (CMAC) Maritime Silk Road Arbitration Center (Maritime Silk Road Arbitration Center) for mediation in accordance with the relevant working mechanism. After mediation, the parties reached a settlement agreement, resolving the dispute properly.

The disputes arose between the parties over the personal injury and death of crews in the ship collision, where the plaintiffs are Chinese citizens and the defendant is a German enterprise. After the parties shown their willingness to mediate, Xiamen Maritime Court explained the court entrusted mediation mechanism to the parties, and all the parties agreed to resolve disputes under the mechanism. Therefore, in accordance with the relevant provisions of the entrusted mediation procedures, Xiamen Maritime Court transferred the case to the Maritime Silk Road Arbitration Center through the online mediation platform. During the mediation, the mediator, with his professionalism and coordination skills, actively and effectively ease the antagonism between the parties, and properly safeguard the legitimate rights and interests of the crew and his family members, thus realizing the satisfactorily settlement of the dispute. At the same time, the Xiamen Maritime Court also closely liaised with the Maritime Silk Road Arbitration Center to facilitate a collective effort in dispute resolution. Relevant legal provisions were explained in detail and core legal issues are addressed adequately, contributing to the parties to reach a settlement with, sound social and legal effects achieved.

Entrusted mediation is highlighted in the Maritime Silk Road Arbitration Centers building of its ADR service systems and also a major measure taken to construct and improve a flexible, efficient and professional maritime and commercial dispute resolution mechanism. The Maritime Silk Road Arbitration Center will make full use of the entrusted mediation mechanism to provide the parties with more just, efficient and convenient diversified dispute resolution services, and continuously explore the cooperation and interaction mode between the maritime court and arbitration institutions, and contribute to the building of the Maritime Silk Central Legal Affairs Zone as a new hub of legal services.

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