Shipping 2026

CHINA Law and Practice Contributed by: John Wang, Xu Jun, Song Jia and Zhao Yuxuan, Wang Jing & Co

4. Cargo Claims 4.1 Bills of Lading

The court’s decision shall be made within 15 days upon receipt of dissension against the constitution. The time limit to appeal against the court’s decision is seven days upon receipt. The Appeal Court’s decision on dissension is 15 days upon receipt. If no dissent is received, the court will permit the con - stitution within 30 days from the last announcement made on public media. The creditor’s registration period against the limita - tion fund is 60 days, beginning from when the last announcement is made. The ship-owner, charter, operator, salvor and insurer may apply to the maritime court to constitute a limita - tion fund. Cash or a guarantee shall be made available for the fund within three days after the court’s decision to allow constitution; otherwise, the application will be treated as withdrawn. A limitation fund is successfully constituted by a successful cash deposit or guaran - tee. 3.6 Seafarers’ Safety and Owners’ Liability The Maritime Labour Convention 2006 is applicable in the PRC (except Hong Kong and Macau). The following main domestic laws and regulations have been ratified by the PRC in regard to seafarers’ rights and safety: • the CMC; • the Maritime Traffic Safety Law of the PRC; • the Regulation on Seamen of the PRC; • the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Cases Involving Seaman-Related Disputes; • the Rules for the Watchkeeping of Seafarers on Seagoing Vessels of the PRC; • the Rules for the Competency Examination and Certification of Seafarers Serving in Seagoing Ships of the PRC; and • the Measures for the Management of Seafarers’ Working and Living Conditions on Board the Ships of the PRC.

The laws and regulations applicable to the carriage of goods by sea and bills of lading (B/L) in the PRC are: • the CMC; and • the Provisions of the Supreme People’s Court on Several Issues concerning the Application of Law in the Trial of Cases of Delivery of Goods Without Original Bill of Lading (Provisions of Delivery of Goods without B/L). The PRC is not a party to the Hague Rules (except Hong Kong and Macau), the Hague-Visby Rules (except Hong Kong), the Hamburg Rules or the Rot - terdam Rules. 4.2 Title to Sue on a Bill of Lading The shipper, the lawful holder of the B/L, and the car - rier have the title to sue. The Shipper In PRC law, “shipper” means both the contractual shipper who concludes the contract of carriage of goods by sea with the carrier and the actual shipper who delivers the goods to the carrier. The contractual shipper has the title to sue the carrier directly under the contract of carriage of goods by sea. The B/L serves as evidence of the contract. The actual shipper who holds the original “to-order” B/L is entitled to sue the carrier, even if their name is absent from the B/L. The Supreme Court held that the actual shipper who holds the straight B/L also has the right to sue the carrier for the delivery of the goods without the original B/L in the case (2016) Supreme Court Min Shen No 2284. The Holder of the Bill of Lading/Consignee The lawful holder of the B/L has the right to sue the carrier under the B/L. The Carrier The contractual and actual carriers have the title to sue the shipper under the contract of carriage of goods by sea and the B/L.

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