Recent Chinese Experience in London Maritime Arbitration and Litigation

Abstract

This chapter looks at some of the more important maritime and trade-related cases in the English courts (often appeals from confidential arbitrations) in which Chinese parties have been involved in the period since the Financial Crisis of 2008–2009. The pre-eminent position of English law as the chosen law in international commercial transactions and English arbitration as the preferred forum for dispute resolution, combined with the emergence of China as the World’s leading shipbuilding country and trading nation has sometimes brought about conflicts between the local Chinese maritime courts and London arbitration tribunals, with parallel proceedings in different jurisdictions and resort to ant-suit injunctions. This chapter examines some of the issues which have arisen, in particular in shipbuilding contract cases and cases involving jurisdiction in disputes under contracts for the carriage of goods evidenced by bills of lading. It concludes that Chinese parties can be confident that they will obtain a fair hearing in London arbitrations and in the Commercial Court. It points however some lessons to be learned in terms of contract management and presentation if Chinese parties are to improve their prospects of success, not least in shipbuilding contract cases.