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Senior Partner, Mr. Chen Xiangyong, is Invited to Present at the Sino-Australia Oil Pollution Damages Seminar
- DATE：2010-4-26
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Mr. John Mansfield AM, Mr. Steven Rares, and Mr. Jayne Jagot, all Australian Federal Court judges made an official visit to China from the 6th to the 9th of April. They visited the Supreme People's Court in Beijing, the Guangdong Higher People's Court, and the Guangzhou Maritime Court.
During their visit in Beijing, they were warmly received by Chief Judge Liu Guixiang, Associate Chief Judge Wang Yanjun and other judges from the No. 4 Civil Division of the Supreme People's Court. The Chinese judges introduced some basic information about the Chinese judicial system and the Supreme People’s Court as well as the overall situation regarding the establishment of the maritime court and the maritime judicial system. Associate Chief Judge Wang Yanjun gave a brief summary of maritime issues between China and Australia, and introduced the purpose and agenda of this communication effort in China. They later on launched a discussion with regard to the issues concerning procedures surrounding the limitation of liability, assessment and ascertainment of oil pollution damage, and ascertainment of evidence and other issues as stipulated in the International Convention on Civil Liability for Oil Pollution Damage 1992 (CLC92), and the Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, to which China and Australia both adhere. Furthermore, the judges of the No. 4 Civil Division obtained a better understanding of public interest lawsuits regarding water resources, administrative handling of ship pollution accidents, and damage claim procedures, and other legal systems in Australia. As a result of the meetings the participants intend to further intensify the effort for more and better communication between the courts of China and Australia, particular in regards to maritime issues.
Following their visit in Beijing, the Australian judges met with the Guangdong Higher People's Court and the Guangzhou Maritime Court for a 3-day Sino-Australia Oil Pollution Damages Seminar in Guangzhou. Our Mr. Chen Xiangyong, Senior Partner at Wang Jing & Co., Law Firm was invited to participate in this seminar and delivered a speech. Mr. Chen introduced some practical issues related to the handling of cases concerning oil pollution damages, including possible claimants and types of claims, and presented on the application of CLC92 in China. In addition, Mr. Chen also discussed some hot issues in the Chinese judicial practice, such as the scope of compensation for oil pollution damages, limitation of liability, responsibility for damages, and direct actions filed by a claimant against the P&I Club and the insurer for oil pollution liability. His presentation was well received by the Australian judges as well as the Chinese judges who participated in the seminar.
