Maritime Court Arrested a Vessel Owned by MOL for Enforcement of an Effective
Judgment According to Law
On 19 April 2014, Shanghai Maritime Court of the People’s Republic
of China (“Shanghai Maritime Court”) arrested the vessel “BAOSTEEL EMOTION”,
owned by Mitsui O.S.K. Lines, Ltd., which is berthed at Majishan Port of
Shengsi, Zhejiang Province, People’s Republic of China, for enforcement of an
effective judgment, in accordance with Civil
Procedure Law of the People’s Republic of China and Special Maritime Procedure Law of the People’s Republic of China.
On 30 December 1988, the Plaintiffs, Chen Zhen, Chen Chun and
others, brought a lawsuit against the Defendant, Japan Navix Line Ltd. (now as “Mitsui O.S.K. Lines, Ltd.”) , in
respect of arrears under a time charter party and right infringement dispute,
in Shanghai Maritime Court, to claim the hire and other financial loss incurred
by the vessel “Shun Feng” and the vessel “Xin Tai Ping”. After public court hearings, Shanghai Maritime Court gave a judgment, on
7 December 2007, holding that the Defendant, Mitsui O.S.K. Lines,
Ltd., shall pay the Plaintiffs, Chen Zhen, Chen Chun and others, the sum of 2,916,477,260.80
Yen for the hire, operating loss, damage of the vessel “Shun Feng” and the vessel “Xin Tai Ping” and fruits incurred. On 6 August 2010, Shanghai High People’s
Court of the People’s Republic of China gave the final judgment for
affirming the first-instance judgment. On 23 December 2010, the Supreme
People’s Court of the People’s Republic of China rejected the Defendant’s
petition for a retrial of the case.
The above-mentioned case is a foreign-related commercial case. After
the judgment took effect, the Plaintiffs, according to law, applied to Shanghai
Maritime Court for coercive enforcement, demanding the Defendant to perform its
obligations specified in the judgment, and to pay interest for delay in performance
according to law.
On 28 December 2011, Shanghai
Maritime Court served Mitsui O.S.K. Lines, Ltd. the
Enforcement Notice. To date, the negotiations between the Plaintiffs and the
Defendant ended with no result. Therefore, Shanghai Maritime Court arrested the
vessel “BAOSTEEL EMOTION”, owned by the Defendant, according to law.
The arrested vessel will be dealt with by the law if Mitsui O.S.K.
Lines, Ltd. still refuses to perform its obligations.