中国海事商事仲裁资讯2024年第2季度,2024Q2

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

CMAC Publicized COVID-19-related Case Collection

FROM:CMAC | 2024-06-30

At the 2024 China High-level Dialogue on Maritime and Commercial Arbitration held on June 27, CMAC publicized the Typical Cases Involving Pandemic by the China Maritime Arbitration Commission for the first time.

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CMAC promptly reviewed the pandemic-related cases that had been adjudicated and selected eight representative cases for compilation and publication. These pandemic-related cases primarily involve substantive disputes in recurrent issues such as crew members, shipbuilding, and cargo transportation, as well as the online management of case procedures. The aim is to focus on the key points, difficulties, and challenges in resolving pandemic-related disputes, to organize the adjudication thinking and online management of procedures, to summarize the impacts and challenges of sudden public events on the arbitration industry, and to fully utilize the exemplary guiding role of typical cases. This helps to stabilize the reasonable expectations of the parties, guide the proper resolution of conflicts and disputes in accordance with the law, and provide recommendations to relevant market entities on risk prevention and loss reduction.

As a professional arbitration institution, CMAC actively fulfills its administrative responsibilities, efficiently handles pandemic-related disputes in accordance with the law, and fully exerts its legal service functions in arbitration. This has effectively safeguarded the legitimate rights and interests of both domestic and foreign parties, achieving good legal and social effects. CMAC will continue to adhere to innovation-driven development, conduct in-depth research, and explore continuously to promote the modernization of arbitration through the combination of localization and internationalization. It will uphold correct arbitration principles, enhance procedural transparency, and integrate institutional management with the independent adjudication of arbitration tribunals. CMAC will fully leverage the advantages of institutional arbitration in China, protect the legitimate rights and interests of the parties, maintain trade and investment order, create a stable, fair, and transparent legal business environment, and promote the healthy development of international shipping and trade.

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