Maritime court opens a window into China’s judiciary practice
Print Edition
Martin Davies is Admiralty Law Institute Professor of Maritime Law at Tulane University Law School in New Orleans in the United States.
Over the past eight years, he has been working on a Chinese Maritime Cases project, frequently engaging in discussions with talented young translators from the Shanghai Maritime Court on cutting-edge issues in maritime judiciary and the translation of exemplary cases.
Davies has been much impressed by their sincerity and pragmatic approach. “I appreciate Shanghai’s efforts at cultivating a law-related business environment, and also developing talent and ability in foreign-related law,” he said.
As a Chinese saying goes: “Teaching and learning are mutually enhancing.” Davies has visited the court many times, both to give lectures and to learn.
“The Shanghai Maritime Court has not only provided me with a window to understand China’s maritime judiciary, but has also allowed me to witness the steady elevation of China’s maritime judicial standards over the past four decades.”
In recent years, the court has applied a number of foreign laws and international conventions, such as English law, Singapore law, and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, in handling a number of foreign-related maritime cases.
Many significant cases handled by the court have been published on the Chinese Maritime Cases website, a collaborative effort between Tulane University and Shanghai Maritime University.
Davies was impressed by a case about a shipbuilding commission contract, governed by English law. The court accurately summarized the relevant principles of English law, applying them in a way that protected the legitimate expectations of the parties when they chose that law.
Last year marked the 66th anniversary since the International Maritime Organization Convention came into effect. Maritime judiciary has become a crucial pillar in the construction of Shanghai as an international shipping center.
Davies believes the Shanghai Maritime Court, given its judicial expertise, will vigorously facilitate this process, by coming up with more “Chinese wisdom” and “Shanghai experience,” for the benefit of the international community.
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