Recently, a multimodal transport contract dispute case adjudicated by Nanjing Maritime Court was published in Volume 3, 2024 of Chinese Maritime and Commercial Law Reports, a journal under the globally renowned maritime and commercial law publisher Informa UK plc. Translated and recommended by the court’s young translation team, this case marks the second instance of a Nanjing Maritime Court ruling being featured by the publisher.
Informa UK plc. holds significant influence in the international legal field for publishing authoritative works such as Lloyd’s Law Reports. Chinese Maritime and Commercial Law Reports is published quarterly in English, disseminating China’s landmark judicial cases in maritime and commercial law globally. It highlights the latest judicial philosophies and adjudication perspectives in China’s maritime trials, garnering increasing international attention.
Over the past five years, Nanjing Maritime Court has rigorously pursued a high-quality adjudication strategy, actively promoting the "voice of Chinese justice" on the global stage. The published case was selected as one of the first batch of 2024 Model Cases by the Supreme People’s Court for its exemplary application of foreign law. The judgment document also won the Fifth National Court “Top 100 Outstanding Judicial Documents” award, demonstrating strong innovative leadership and judicial precedent-setting value.
Case Summary
In early 2020, Jiangsu Glass Art Company entered into an International Freight Forwarding Agreement with Qingdao Cargo Logistics Company, a multimodal transport operator, to ship tempered glass and plastic trims to Mexico. After the goods arrived in Mexico via sea transport, all items in five containers were damaged due to a derailment during the railway transport phase. Jiangsu Glass Art Company filed a lawsuit demanding full compensation from Qingdao Cargo Logistics Company. Under maritime law provisions, Mexican law was applied to determine liability and compensation limits. Nanjing Maritime Court commissioned a foreign law research center to verify Mexican legislation and applied liability limitation clauses from Mexico’s Implementation Law on Railway Services, ultimately ruling that Qingdao Cargo Logistics Company must pay RMB 19,662.93 plus interest to Jiangsu Glass Art Company. Both parties accepted the first-instance judgment without appeal.
Significance
Accurately identifying and applying foreign law to resolve disputes is crucial for equally protecting the legitimate rights of domestic and foreign parties, enhancing the nation’s judicial reputation, and fostering international civil and commercial exchanges. In this case, the court convened a pre-trial conference to clarify disputed issues and the scope of Mexican law to be examined. A foreign law research center was entrusted to comprehensively verify and explain the relationship between federal and state legislation in Mexico, as well as the applicability of laws such as the Implementation Law on Railway Services, the Commercial Code, and the Civil Code. By efficiently and accurately applying foreign law, Nanjing Maritime Court demonstrated its internationalized, professional, and cross-jurisdictional adjudication capabilities, setting a commendable example for Chinese courts in foreign law application.
