Two litigation cases handled by Huang & Huang awarded CBLJ Deals of the Year 2023
20.03.2024 |NEWS&ARTICLES
On 19 March, the leading legal journal China Business Law Journal (CBLJ) released the full list of winners for its Deals of the Year 2023 awards.
A total of 191 deals stood out as CBJL Deals of the Year 2023 which have been selected from a vast submission database of Chinese and international law firms, backed by CBJL’s independent observation and continued coverage of China’s legal market, with factors including overall significance, complexity, innovative nature and deal size taken into account.
Two litigation cases successfully handled by Huang & Huang, the PICC Zhongshan v CPIC Dongguan (double insurance dispute) and the Maersk Honam (damage to property liability) are among the winning deals in the sections of “Domestic dispute resolution” and “Cross-border dispute resolution” respectively.
More details about our winning deals
Our managing partner Mr. Huang Hui and partner Ms. Zhang Fan represented the winning party PICC Zhongshan in the case.
Highlights: The case has been featured in the GAZETTE OF THE SUPREME PEOPLE'S COURT [2023] Issue 9 and the Chinese Maritime and Commercial Law Report [2023] Vol 4 as a leading example with significant reference value for adjudicating cases involving double insurance.
The court’s decision provides useful clarification on the judicial standards in determining the constituent elements of "double insurance".
The supreme court’s remark: the decision that PICC is entitled to a contribution from CPIC under the "double insurance" framework upholds the principle of equitable interest balancing and acknowledges insurers' proactive compensation efforts to policyholders, which is conducive to simplifying the claim procedures for the insured, reducing costs, giving better play to the systemic value of insurance in dispersing risks and enhancing protection, encouraging insurers to actively participate in claims settlement and provide insurance services with more market competitiveness, promoting the healthy and orderly development of the insurance industry in China.
The court’s decision provides useful clarification on the judicial standards in determining the constituent elements of "double insurance".
The supreme court’s remark: the decision that PICC is entitled to a contribution from CPIC under the "double insurance" framework upholds the principle of equitable interest balancing and acknowledges insurers' proactive compensation efforts to policyholders, which is conducive to simplifying the claim procedures for the insured, reducing costs, giving better play to the systemic value of insurance in dispersing risks and enhancing protection, encouraging insurers to actively participate in claims settlement and provide insurance services with more market competitiveness, promoting the healthy and orderly development of the insurance industry in China.
Our managing partner Huang Hui and partner Ms. Chen Xiaoling successfully represented Jiheng Chemical, one of the defendants in this case.
Highlights: For flammable and spontaneously combustible goods that are not listed in the International Maritime Dangerous Goods Code, according to the judgment of Guangzhou Maritime Court in this case, if the shippers have fulfilled the obligations of properly packaging and labeling the goods and giving written notice as stipulated in the law and IMDG rules, the shippers are not at fault for the damage to the ship unless the shipowners can prove that the shippers have misdeclared the goods. In view of the frequent occurrence of container ship fire accidents in recent years which often entail great damage to both the ship and the cargo, this case can be a valuable reference for shippers in defending and Chinese courts in determining similar claims.