Recently, a multimodal transport contract dispute adjudicated by the Nanjing Maritime Court has been published in the third volume of 2024 of Chinese Maritime and Commercial Law Reports. The journal is produced by Informa UK plc., a globally renowned publisher specializing in maritime and commercial law. Translated and recommended by the Court's young translators team, this case marks the second time that a ruling from Nanjing Maritime Court has been featured by the publisher.

Informa UK plc. holds significant influence in the international legal field, known for publishing authoritative texts such as Lloyd’s Law Reports. The Chinese Maritime and Commercial Law Reports is a quarterly English-language journal that disseminates landmark Chinese judicial cases in maritime and commercial law globally. It highlights the latest judicial philosophies and adjudication perspectives in China's maritime trials, garnering increasing international attention.

Over the past five years, Nanjing Maritime Court has rigorously implemented a strategy of high-quality adjudication, actively promoting the "voice of Chinese justice" on the global stage. The featured case was one of the first batch of 2024 Model Cases selected by the Supreme People's Court for its exemplary application of foreign law. Additionally, the judgment document won the Fifth National Court "Top 100 Outstanding Judicial Documents" award, demonstrating its innovative leadership and judicial precedent-setting value.

                                                                           Case Summary

In early 2020, Jiangsu Glass Art Company entered into an "International Freight Forwarding Agreement" with Qingdao Cargo Logistics Company, a multimodal transport operator, for the shipment of tempered glass and plastic trims to Mexico. Upon arrival in Mexico by sea, the cargo suffered total loss across five containers due to a derailment during the rail transport phase. Jiangsu Glass Art Company filed a lawsuit, demanding full compensation from Qingdao Cargo Logistics Company. Under maritime law provisions, Mexican law was deemed applicable to determine liability and compensation limits. Nanjing Maritime Court commissioned a foreign law research center to verify the relevant Mexican legislation. Applying the liability limitation clauses under Mexico’s Implementation Law on Railway Services, the Court ultimately ruled that Qingdao Cargo Logistics Company must pay RMB 19,662.93 plus interest to Jiangsu Glass Art Company. Both parties accepted the first-instance judgment and did not appeal.

                                                                            Significance

The accurate identification and application of foreign law to resolve disputes is crucial for equally protecting the legitimate rights of both domestic and foreign parties, enhancing the nation's judicial reputation, and fostering international civil and commercial exchanges. In this case, the Court convened a pre-trial conference to clarify disputed issues and delineate the scope of Mexican law requiring ascertainment. A foreign law research center was entrusted to comprehensively verify and explain the relationship between federal and state legislation in Mexico, as well as the applicability of laws such as the Implementation Law on Railway Services, the Commercial Code, and the Civil Code. By efficiently and accurately applying foreign law, the Court demonstrated its internationalized, professional, and cross-jurisdictional adjudication capabilities, setting a commendable example for Chinese courts in the application of foreign law.