ABSTRACT

Both China and Europe have a long tradition of commercial and maritime law; and this new book examining various topics from their particular perspectives is both timely and important. It links the vital component of maritime law with commercial law, financial law and trade policy.

The book has performed a remarkable task in making connections between China and Europe through the lenses of substantive and procedrual laws, covering a wide range of areas, including commercial law, insurance law, salvage, EU maritime law and Brexit, carriage of goods by sea, arbitration, mediation, litigation, the recently formed China International Commercial Court, and different liability regimes, as well as a brief look forward into new initiatives and artificial intelligence in the digital age.

In these challenging times, we all have much to learn from each other in seeking to find answers to what are often difficult problems. This book provides a welcome opportunity for anyone interested in commercial and maritime law to engage in that learning exercise and, looking ahead, thereby to help solve such problems as may arise in the future – in a practical and fair manner. It is therefore of great relevance to both the academic field and the legal practice field in China and Europe.

chapter Chapter 1|4 pages

Introduction

An Overview of Commercial and Maritime Law in China and Europe

part I|94 pages

Law in the Books

chapter Chapter 2|9 pages

The Curious Concept of Employment Salvage in Chinese Law

The Case of Archangelos Gabriel

chapter Chapter 4|21 pages

The Modernisation of the Chinese Maritime Code

The Revision of the Hybrid Regime Governing Carriage of Goods by Sea

chapter Chapter 6|16 pages

Marine Insurance Law Reform in China

Experiences from the UK

part II|82 pages

Law in Action

chapter Chapter 7|13 pages

China in the International Commercial Dispute Resolution Arena

The Establishment of the China International Commercial Court

chapter Chapter 9|15 pages

Compulsory Consolidation in Arbitral Proceedings

An Infringement on Party Autonomy?

chapter Chapter 10|21 pages

The Interim Measures Mechanism in International Arbitration in China

Law and Recent Developments

part III|52 pages

Liability Regimes

chapter Chapter 13|11 pages

Deficiency and Remedy of a Cargo Lien Clause under Multiple Charterparties

From the Perspective of Chinese Law

chapter Chapter 14|10 pages

Multimodal Transport in German Case Law

The Beginning and the End of the Sea Carriage

part IV|12 pages

Looking Forward