Sheng Anda2"And" Hongxiang5"The ship collision case series

[court]

   The maritime court in Ningbo

[introduction] case

   In 2007 March, in Ningbo Xiangshan area and the "Hongxiang 5" round of major accidents of ship collision. The accident "Sheng anda 2" wheels sank, 6 crew members on board sank drowning death, cargo 3000 tons of steel, "Hongxiang 5" wheel part is damaged, the total loss of nearly 20000000 yuan.

   The cargo consignor belonging to three family: including Zhejiang * *, Shanghai * * Pioneer Metals Corporation International Trade Co. Ltd., Wuhan * * Shipping Co. ltd..

   After the accident, "Sheng anda 2" owners commissioned Zhejiang Kangpai law firm overall handling of the accident a follow-up.

[cases]

   The lawyers after the case, analyzed the case, finds that the case significant losses, the complex relationship, so immediately developed a service project in detail, respectively the legal services as follows:

   1, immediately organized the "Sheng anda 2" talks the East and the family members of the deceased consultation follow-up treatment and compensation, and informed "Hongxiang 5" ship east. Finally in a very short period of time and the death of the crew members to reach a compensation agreement, and inform the interested in case, the compensation agreement achieved "Hongxiang 5" ship East recognition. The smooth settlement to resolve the crew death case, to avoid the deterioration of the situation and unnecessary litigation.

   2, because the goods with the sinking of the ship, in order to reduce losses, coordination between three shippers and salvage salvage contract and the salvage plan, and assist to obtain the fishing license maritime departments. After that, most cargo were salvaged, greatly reducing the loss.

   3, the overall salvage salvage company and the coordination of "Sheng anda 2" round, and formulated the salvage plan, made the competent maritime salvage license part. In the salvage process was followed, because the ship in the sea mud too deep, position and heavy sea, not the overall salvage, therefore the lawyers and salvage company and maritime authorities determine repair scheme, anti oil and other matters, the ultimate success of the wrecker.

   4, on behalf of "Sheng anda 2" round to the maritime court in Ningbo charged "Hongxiang 5" wheel. Subsequently, "Hongxiang 5" wheel in the maritime court in Ningbo to apply for the establishment of a limitation fund for maritime claims. The lawyers after the registration of claims.

   5, because of "Sheng anda 2" wheel relates to huge claims three shippers and "Hongxiang 5" wheel, therefore represent "Sheng anda 2" round to the maritime court in Ningbo to apply for the establishment of a limitation fund for maritime claims ([2007] Ningbo Haifa limited word no. fourth), the amount of compensation is limited to 2240000 yuan.

   6, on behalf of "Sheng anda 2" owners participated in a total of 3 cases, with the maritime court of Ningbo are: "the case of ship collision damage compensate dispute Sheng anda 2" ship "Hongxiang East v. 5" ([2007] the East Yonghai rituals early word number seventeenth, including "Hongxiang 5" round counter case), Zhejiang * * Pioneer Metals Corporation v. "Sheng anda 2" ship collision damage compensate dispute case East ([2007] Yonghai rituals early word no. forty-first) and Chinese insurance Shanghai branch (Shanghai X X International Trading Limited cargo insurer) v. "Sheng anda 2" ship East ship collision damage compensation dispute case. Wuhan * * shipping limited company fails to apply for registration of claims.

   7, in the case of the process, always communicate with "Sheng anda 2" round the ship insurer Chinese insurance Qinzhou branch keep in touch, and again during the period, made the insurer "Sheng anda 2" round up of limitation of liability for maritime claims the letter of guarantee, "Sheng anda 2" wheels for the part advance payments, and ultimately successful negotiations to resolve the insurance compensation.

[results]

   1, successful treatment of "Sheng anda 2" wheel of 6 sailors, without causing any excesses or group events.

   2, "Sheng anda 2" ship "Hongxiang East v. 5" East between ship ship collision damage compensation dispute case ([2007] Yonghai rituals early word no. seventeenth) cases, "Sheng anda 2" round of most of the losses upheld by the courts, and some significant loss success included non restrictive debt.

    3, "Hongxiang 5" ship East counter case, Zhejiang * * Pioneer Metals Corporation v. "Sheng anda 2" ship collision damage compensate dispute case East ([2007] Yonghai rituals early word no. forty-first) and Chinese insurance Shanghai branch v. "Sheng anda collision damage in 2" ship East compensation dispute case, the active defense, and the court support the success of the three cases of creditor's rights are restricted claims, liability is "Sheng anda 2" wheel all claims we assume all restrictions on maritime liability fund 2240000 yuan.

    4, to assist the "Sheng anda 2" round of the most of the losses to the ship insurer made insurance claims, "Sheng Anda 2" wheel of death compensation for removal of the crew, with most of the losses the insurance compensation.

[enlightenment] case

   Ship collision cases, complex. Often involves 1) casualties; 2) ship salvage, repair; 3) ship oil pollution; 4) ship loss claims; 5) claim for loss; 6) the limitation fund for maritime claims; 7) limitation of liability for maritime collision fund rights declaration; 8) identified maritime accident responsibility; 9) marine insurance contract disputes; 10) waterway cargo transportation insurance and other series of disputes and cases. Therefore, once the owner or owner ship collision loss occurs, be sure to hire professionals to assist in dealing with.