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No. 4 of Model Cases regarding Providing Judicial Services and Safeguards by the Supreme People's Court for the Building of “One Belt and One Road”: A series of cases regarding disputes arising from abandonment of the Sierra Leonean vessel “LEDOR” by its Albanian owner, G&B Shipping SH.P.K.
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最高人民法院为“一带一路”建设提供司法服务和保障的典型案例之四：塞拉利昂籍“LEDOR”轮遭阿尔巴尼亚船东基恩毕船务有限公司弃船所引发系列纠纷案
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【法宝引证码】
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- Type of Dispute:
Civil--＞Maritime
- Legal document：
Judgment
- Procedural status：
Trial at First Instance
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| No. 4 of Model Cases regarding Providing Judicial Services and Safeguards by the Supreme People's Court for the Building of “One Belt and One Road”: A series of cases regarding disputes arising from abandonment of the Sierra Leonean vessel “LEDOR” by its Albanian owner, G&B Shipping SH.P.K. | | 最高人民法院为“一带一路”建设提供司法服务和保障的典型案例之四：塞拉利昂籍“LEDOR”轮遭阿尔巴尼亚船东基恩毕船务有限公司弃船所引发系列纠纷案 |
| (1) Basic Facts | | 一、基本案情 |
| In October 2011, the Sierra Leonean vessel “LEDOR” carrying 20,000 tons of imported iron ore for a large-sized state-owned enterprise of China set sail from the Port of Chennai, India and stranded in Putian waters, Fujian Province on its way to the Port of Nantong, Jiangsu Province. The maritime department held that the vessel had such hazards as breakage, submergence, endangering the safety of human lives, and pollution of the marine environment and required that the vessel owner should submit the scheme for getting the vessel out of danger and the measures for lightering goods and trapped fuel on board; and the consignee required that the vessel owner should unload the goods on the spot, but all failed. Due to outmoded body, damaged ballast tank and partial cargo compartment, and overdue certificate of the vessel, its Albanian owner, G&B Shipping SH.P.K., was incapable of making the vessel continue its voyage. Therefore, the owner abandoned the vessel in Putian waters, Fujian Province, jointly with dozens of foreign seamen and the goods. In July 2012, the consignee filed an application for maritime injunction and preservation of maritime claim with the court and requested the court to seize the vessel and forcibly unload the goods. One Albanian captain and 17 Syrian seamen on board filed a lawsuit and required that the vessel owner should pay them wages; the consignee instituted an action against the vessel owner and required that the vessel owner should compensate it for damage to the goods; farmers suffering from damage arising from the stranding of the vessel and various companies providing anti-pollution services, supply of materials and oil, and agency services for the vessel during the period of stranding filed lawsuits in succession and required that the vessel owner should pay them the corresponding expenses. Therefore, a series of major, complicated, and difficult cases in various types were initiated. | | 承运我国某大型国企2万吨进口铁矿石的塞拉利昂籍船舶“LEDOR”轮于2011年10月从印度陈奈港开往我国江苏南通港途中搁浅在福建莆田。海事部门认为该轮存在断裂、沉没、危及人命安全及污染海洋环境的风险，要求船东提交船舶脱险方案、过驳货物及船上存油过驳的措施，收货人则要求船东就地卸货，均未果。该轮船体老旧、压载舱及部分货舱破损、证书过期，阿尔巴尼亚船东基恩毕公司无力使船舶续航，遂将船舶连同十几名外籍船员及货物遗弃在福建莆田。2012年7月，收货人向法院申请海事强制令和海事请求保全，请求扣押船舶和强制卸货。船上1名阿尔巴尼亚籍船长和17名叙利亚籍船员起诉要求船东支付工资；收货人起诉船东要求赔偿货物损失等；因该轮搁浅而受损的养殖户以及该轮搁浅期间为该船提供防污服务和物料油料供应、代理服务的各家公司等相继起诉，要求支付相关费用，由此引发了一系列类型各异的重大复杂疑难案件。 |
| ．．．．．． | | ．．．．．． |
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