Shanghai court arrests Japanese vessel

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File photo show a vessel owned by Mitsui O.S.K.Lines.

Shanghai Maritime Court arrested Sunday the vessel "Baosteel Emotion," owned by Mitsui O.S.K. Lines, Ltd., which is berthed at Majishan Port of Shengsi, Zhejiang Province,for enforcement of an effective judgment, in accordance with China's Civil Procedure Law  and Special Maritime Procedure Law.

On 30 December 1988, the plaintiffs, Chen Zhen, Chen Chun and others, brought a lawsuit against the defendant, Japan Navix Line Ltd, now known as Mitsui O.S.K. Lines, 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 the sum of 2.9 billion 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 gave the final judgment for affirming the first-instance judgment. On 23 December 2010, the Supreme People's Court rejected the defendant's petition for a retrial of the case.

After the judgment took effect, the plaintiffs applied to Shanghai Maritime Court for coercive enforcement, demanding the defendant to fulfill 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. Since the negotiations between the plaintiffs and the defendant ended with no result, Shanghai Maritime Court arrested the vessel owned by the defendant.

The arrested vessel will be dealt with by the law if Mitsui O.S.K. Lines, Ltd. still refuses to perform its obligations.

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