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Dalian Free Trade Area Initiating a New Mode of Maritime Dispute Resolution for Cold Chain Logistics Enterprises

Dalian,as the largest cold chain logistics base and also the second largest importport of cold and fresh goods in China, hasa total number of cold storages rankingfirst around the country. Due to the epidemic influence, the disputes over coldchain container demurragefromthe last year are exhibitinga rising trend.Theproper resolution of these disputesdirectlyinfluences the evaluation ofdomestic and foreign logistics enterprises on Dalian's business environment andthe future direction of investment and cooperation. For this reason, DalianFree Trade Area takes the initiative to actively work with Dalian MaritimeCourt toinnovatively launch a new dispute resolution mode of"pre-litigation mediation + maritime mandatory order + joint action by thefour parties of government, court,enterprise and association" to provide ajudicial guarantee for the construction of Dalian Northeast Asia InternationalShipping Center.

Whatis the new dispute resolution mode of "pre-litigation mediation + maritimemandatory order + joint action by the four parties of government, court,enterpriseand association"?

Pre-litigation mediation providessolutions for dispute resolution

Itmeans that the judge in charge contacts with the shipping company at the firsttime to develop a mediation scheme for pre-litigation mediation; erects acommunication platform to allow the shipping company to have a face-to-facenegotiation with the consignee to solve a dispute; considers as a whole suchfactors as shipping company, consignee, goods type, cost level, etc. to urge theshipping company and the consignee to reach pre-litigation mediationfromeasiness to difficulty andin an orderlymanner. 

Issuing“maritimemandatory order” legally and efficiently 

Formediations defying a success within a short period of time, Dalian Maritime Courtgives play to the judicial guarantee role of “maritime mandatory order”innovatively. After receiving application materials for “maritime mandatoryorder” found to meet the condition for case acceptance in examination, caseacceptance is made on the same day; the reasonable request of a shippingcompany for container demurrage will be considered comprehensively, and theconsignee is required to provide counter-guarantee to the court at the firsttime; after receiving counter-guarantee funds, the court issues “maritimemandatory order” within 24 hours for theshipping company to go through thegoods release procedures immediately, the consignee takes delivery on the samedays for the earliest, with the delivery-taking time being double as comparedwith the past. Through the efficient issuing of “maritime mandatory order” andfull amount for “counter-guarantee”, the shipping company has a strongexpectation for payment recovery, and theconsignee takes delivery of goodsrapidly to avoid goods stagnation effectively.

Establishing a mechanism of jointaction and coordination by the four parties of government, court,enterprise andassociation

Relevantdepartments in the Area, through such forms as regular discussion, specialtopic survey, enterprise salon, etc. to promote the city-level competentdepartments, maritime court, ship owner and goods owner, cold chain industrialassociation into close interaction and normal exchange. The maritime courtgives play to the function of judicial service and guarantee actively, summarizesthe experience in maritime dispute resolution for the cold chain logisticsenterprises in the Area, makes judicial suggestions to provide a platformsupport for the effective solution of similar disputes. 

Next,Dalian Free Trade Area will continue to join hands with Dalian Maritime Courtto make a constant good use of the new dispute resolution mode of"pre-litigation mediation + maritime mandatory order + joint action by thefour parties of government, court,enterprise and association”, coheremulti-side resultant force to have similar disputes resolved in an impartial,professional and efficient manner, make efforts to forge the Area into a “newmodel” for good business environment convenient for handling affairs, good inruling by law, strong in cost competitiveness and ecologically suitable for dwelling,so as to make new contributions to constructing Dalian into “the pilot area andthe advanced area”.