CHINA Trends and Developments Contributed by: Chen Leiming, Yuan Yuan and Tingxin Yu, Kangda Law Firm
general average adjustment is completed, with the added provision that such claims shall in no case be brought more than six years from the date on which the common maritime adventure ended. Furthermore, it is noteworthy that, based on Article 291, the starting point for the two-year limitation period for claims against marine insurers has been amended from “the date of the occurrence of the insured peril” to “the date on which the insured knows or ought to have known of the occurrence of the insured peril”. As for the grounds for interruption of the limitation period, a new ground has been included in Article 294: “a demand for performance made by the claimant”. Voyage charterparties Provisions on voyage charterparties have been relo - cated from the “Contract of Carriage of Goods by Sea” chapter to Chapter VI, “Charterparties”. Moreover, Article 128 clarifies that the provisions of this chapter shall apply only when the charterparty contains no agreement to the contrary or is silent on the matter. Contract of marine insurance (Chapter XIII) This chapter contains the following new provisions. • It now also applies to insurance on vessels under construction, based on Article 245. • Rules on the refund of insurance premiums upon termination of the contract by the insurer have been included in accordance with Article 248. • Pursuant to Article 249, the insurer has the obli - gation, at the time of concluding the contract, to bring to the insured’s attention and provide a clear explanation of any clauses in the standard-form insurance contract that exempt or limit its liability or are otherwise of material interest to the insured. • Provisions related to open cover insurance con - tracts have also been added in Articles 257 and 259. • More detailed legal consequences for breach of warranty by the insured have been established in Article 261.
Mutual insurance associations Pursuant to Article 309 of the revised Maritime Code, the legal status and operational model of Protection and Indemnity Clubs (P&I Clubs) as mutual insurance associations are explicitly recognised, and they are entitled to compensate their members for losses and liabilities in accordance with their rules. This article aims to provide an overview of the revi - sions in the revised Maritime Code. Our analysis of other detailed revisions is expected to be shared in the future. Notably, the implementation of the revised Maritime Code will have profound implications for the rights and obligations of all sectors within the shipping industry. Our firm will continue to share insights on the details of the revisions and emerging issues following implementation.
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