Shanghai Shengmin Ocean Engineering Co., Ltd. vs. Fujian Guanhai Shipping Co., Ltd. (CITIC Asset Management Corporation Ltd. involved as the third party) - Dispute over salvage at sea

  Case

     Shanghai Shengmin Ocean Engineering Co., Ltd. vs. Fujian Guanhai Shipping Co., Ltd. (CITIC Asset Management Corporation Ltd. involved as the third party)-   Dispute over salvage at sea

 

  Case No. & Date of Judgment

     (2016) Min72MinChu No.1096; 21 August 2017 

 

  Summary of Judgment

      In this case, the Court made it clear that an act may be considered as salvage at sea only when it aims to reduce the sea perils faced by the vessel salvaged, on which basis the Court distinguished “guard for salvage” from "guard in the nature of storage" and held that the plaintiff was not entitled to salvage reward in respect of "guard in the nature of storage", but could only charge a reasonable rate. Meanwhile, as to a salvage operation mobilized by a competent maritime administrative authority, the Court confirmed that the entity actually rendered the salvage operation is entitled to salvage reward as a salvor in accordance with Article 192 of the Maritime Code of the People's Republic of China. 

 

  Note

      Full text of the judgment could be referred to on the China Judgements Online website (http://wenshu.court.gov.cn/).