Full Description
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.
Contents
Foreword, by The Hon. Sir Bernard Eder, Chapter 1 Introduction: An Overview of Commercial and Maritime Law in China and Europe, Dr Lijun Liz Zhao, Dr Shengnan Jia, Part I Law in the Books: When East Meets West, Chapter 2 Employment Salvage in Chinese Law: The Case of Archangelos Gabriel, Professor Proshanto K. Mukherjee, Chapter 3 What is EU Maritime Law - and Will the UK Miss it after Brexit? Professor Simon Baughen, Chapter 4 The Modernisation of the Chinese Maritime Code: The Revision of the Hybrid Regime Governing Carriage of Goods by Sea, Professor James Zhengliang Hu, Dr Lijun Liz Zhao, Chapter 5 Duty to Make Fair Presentation of the Risk under the UK Insurance Act 2015, Professor D Rhidian Thomas, Chapter 6 Firm Marine Insurance Law Reform in China: Lessons from the UK, Dr Rui Zheng, Part II Law in Action: Litigation and Alternative Dispute Resolution, Chapter 7 China as an Emerging Power in the International Commercial Dispute Resolution Arena: The Establishment of the China International Commercial Court, Judge Fa Chen, Chapter 8 Cultural and Linguistic Sensitivity in International Commercial Arbitration, James M. Turner QC, Simon Croall QC, Chapter 9 Compulsory Consolidation in Arbitral Proceedings: An Infringement on Party Autonomy? Dr Lijun Liz Zhao, Catherine Green, Chapter 10 The Interim Measures Mechanism in International Arbitration in China: Law and Recent Developments, Jing Wang, Weisheng Wang, Chapter 11 Chinese Experiences of Commercial Litigation and Mediation in Italy, Professor Avv. Francesco Munari, Chapter 12 Recent Chinese Experience in London Maritime Arbitration and Litigation, Ian Gaunt, former President of the London Maritime Arbitrators Association, Part III Liability Regimes, Chapter 13 Deficiency and Remedy of a Cargo Lien Clause Under Multiple Charterparties from the Perspective of Chinese Law, Dr Shengnan Jia, Chapter 14 Multimodal Transport in German Case Law: The Beginning and the End of the Sea Carriage, Dr Tobias Eckardt, Chapter 15 Civil Liability for Marine Oil Pollution, Professor Michael Faure, Dr Hui Wang, Chapter 16 The Legal Challenges for Seafarers in Claiming Workplace Injury Compensation in China, Dr Desai Shan, Dr Pengfei Zhang, Part IV Looking Forward: New Initiatives in the Digital Age, Chapter 17 Forward Planning - Regulation of Artificial Intelligence and Maritime Trade, Professor Jason Chuah, Index
