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Dispute case of compensation for non-contact collision damage of ship company

SOURCE: TIME:2018-09-10

Plaintiff: Studio ship - ping com pany Ltd. Address: pentelides street, Nicosia, Cyprus.

Legal representative: Philips, director and manager of the company.

Entrusted agent: Chen Fayin, lawyer of Shanghai Hualian law firm.

Entrusted agent: Sun Yafeng, lawyer of Shanghai Donghua law firm.

Defendant: China Shipping Development Co., Ltd. (formerly Shanghai Haixing Shipping Co., Ltd.). Address: No. 168, Yuanshen Road, Shanghai.

Legal representative: Li Kelin, chairman of the company.

[case]

The plaintiff stardee Shipping Co., Ltd. (hereinafter referred to as stardee company) filed a lawsuit with Shanghai maritime court for the non-contact collision compensation dispute between the plaintiff and the defendant China Shipping Development Co., Ltd. (hereinafter referred to as China Shipping Company).

The plaintiff claimed that during the voyage of Huangpu River, the defendant's "Zhenxing" ship did not use VHF (very high frequency intercom telephone) harmony signal correctly, sailed at a speed exceeding the speed limit, and did not give way to the downstream ship. When approaching the plaintiff's "Jimmy" ship, it suddenly changed its channel and occupied the road. These violations of the navigation regulations by "Zhenxing" caused danger to the navigation of "gimini". After taking a variety of measures, the "jiminy" ship was able to pass through the ship when the distance between the two ships was only 1 meter, but it was finally pushed to the shore by the strong leaves of the ship, collided with the ships on the shore, and indirectly damaged the wharf facilities. According to the international regulations for the prevention of collisions at sea 1972 and the Shanghai Port chapter, the defendant shall be liable for the collision of the "jiminy" ship. The defendant is requested to compensate the plaintiff for the economic losses totaling USD 931394.50 and RMB 2698704.42. Foreign lawyer

The defendant argued that during the voyage, the "Zhenxing" ship was running behind the "Yingxiang" ship, while the "Yingxiang" ship was following the small boat, and the speed was not fast. During the navigation, the "Zhenxing" ship has been driving along the right side of the exit channel, displaying the navigation lights and test signals according to the regulations, listening to the VHF according to the regulations and reporting the navigation situation in time. When passing 106 lights, though the "Zhenxing" ship kept the boat from departing from its channel due to avoidance, it was able to continue to navigate after passing safely. When the "jiminy" ship was found, the "Zhenxing" ship reported its own navigation dynamics with sound signal and VHF. The two ships passed through the port side to port side at the third and fourth berths of Zhanghuabang safely. When they passed by, the stern transverse distance of the two ships was about 40 meters. During the meeting, they did not hear any sound signal of "jiminy" ship. The plaintiff said that the meeting time of the two ships was at the ebb tide. According to the speed calculation, at this time, it should be the "Yingxiang" ship rather than the "Zhenxing" ship that met with the "jiminy" ship. When the "Zhenxing" ship arrived near the naval wharf, it heard the news of the accident of the "gimini" ship in VHF. During the voyage, there was no accident or collision with any part of the ship. The accident referred to by "jiminy" is completely caused by its speed, misjudgment and improper operation, and has nothing to do with "Zhenxing". The court shall reject the plaintiff's claim.

[trial]

After the trial, Shanghai maritime court found that:

At about 20:00 on November 8, 1993, the "jiminy" ship belonging to the plaintiff entered the Huangpu River from the quarantine anchorage outside Wusongkou, went up the tide, drove ahead two times, with a speed of about 4.4 knots (nautical miles / hour). At about 21:00, the starboard side of the "jiminy" ship was facing Wusong passenger terminal. At this time, it was found that there was a "Zhenxing" ship coming against the current on the river exit channel of the wharf on Jungong road in front of it. The two ships were about 1500 meters apart. At 21:05, the "jimini" ship drove out of the second and third berths of Zhanghuabang. It was found that the "Zhenxing" ship turned left into the entrance channel, and then turned right at a large angle. At this time, the two ships were about 600 meters apart. The "jimmini" took the micro speed of gradually reducing the speed to 2 knots. At 21:07, after meeting with Zhenxing outside the fifth berth of Zhanghuabang, the "jimini" ship took the measures of left rudder ten, left full rudder and second forward, but the effect of left turn was not obvious. At the same time, the "jiminy" took the measures of stopping, reversing and dropping double anchors. At 21:10, the "gimini" ship collided with the "cargo 0903" barge, the "Haigang 19" tugboat and the "Haigang 6" tugboat and the "Liming" ship, which were berthed at the seventh berth of Zhanghuabang, and indirectly collided with the seventh berth wharf of Zhanghuabang.

After the accident, the captain of the "jiminy" ship issued a "maritime statement" the next day, saying: at about 21:07, the pilot ordered to stop; at about 21:08, the pilot ordered to back up two and put down the right anchor; then backed up at full speed and put down the left anchor, and then backed up in an emergency. During this period, the "gimini" ship collided with 2 tugs and 1 barge and stopped at 21:10. According to the pilot's "report of pilotage accident" of "jiminy" ship, in order to avoid collision with the "Zhenxing" ship, the right rudder is used to turn the bow to the right. At the place 20 meters away from the ship berthed at the fifth berth of Zhanghuabang and less than 1 meter away from "Zhenxing" ship, it passes through. Then turn the bow to the left with the left rudder 10 or full rudder. However, due to the influence of the flow of water discharged from the leaves of "Zhenxing" wheel, the bow turning to the left is very slow, and it is invalid to use the forward two. When the accident cannot be avoided, the measures of stopping, backing up quickly and dropping double anchors are taken to reduce the loss. Results the middle part of the "gimini" wheel


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