Worldwide: STOP PRESS - The "OCEAN VICTORY" UK Supreme Court Ruling (Chinese)

Last Updated: 17 May 2017
Article by Andrew Rourke and Ik Wei Chong

关于航运界关注度很高的"Ocean Victory"一案,英国最高院今天终于下达了终审判决(Gard Marine and Energy Limited v China National Chartering Company Limited and Daiichi Chuo Kisen Kaisha (2017))。

最高院驳回了(船东的)上诉,一致判定上诉院在判定日本鹿岛港是否是安全港时的判定方法是正确的,从而判定鹿岛港是安全港口。在光租的租家是否有权利提起索赔的问题上,最高院通过多数意见,也支持了上诉院的判定。

背景事实

2006年10月,"Ocean Victory"轮(一艘装载铁矿的好望角型船舶)尝试离开日本的鹿岛港(当时正值大风)。当船舶驶离港口时,发生搁浅,之后船舶断裂。船东以租家违反指定安全港义务为由向租家索赔。

一审法院判定鹿岛是不安全港口,理由是导致事故发生的两个因素-长浪和巨(北)风都是常见因素。但上诉院推翻了一审法院判决,认为港口是安全的,理由是尽管长浪和巨风分开看都是常见因素,但两个因素同时发生是非常少见的。

最高院 - 判决

当事人一致同意,认定租家是否违反安全港义务的核心是认定船舶损失是否是由一个"非正常事件"导致的。最高院判定鹿岛港是安全港,上诉院的判定也是正确的,即重要的不是长浪及巨(北)风单独发生的概率,而是两个因素同时出现的历史概率。最高院认为两个因素同时出现是非正常事件,而并非港口的一个特征,因此租家并没有违反指定安全港的义务。

最高院还通过多数意见(3-2),认可了上诉院关于光租租家是否有权提起索赔问题上的判定,即使港口被认定为不安全港,光租租家也不能向期租租家提起索赔,理由是光租租约规定了联合保险和分配保险利益的赔偿机制。【因为船东不能对光租租家提起索赔,因此光租租家对期租租家没有索赔】

最高院最后还对1976年海事赔偿责任限制公约中规定的责任限制如何适用船东和租家的问题给出了判定。最高院一致认可了"CMA DJAKARTA" (2004)一案中的判定方式,认为即使港口被认定为不安全港,程租租家也不能就船舶损失享有责任限制。

我们之后会对该判决及其对航运界的影响做更详细的分析。谢谢。

STOP PRESS - The "OCEAN VICTORY" UK Supreme Court Ruling (Chinese)

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