China - Limitation Of Liability In Personal Injury Claims

February 2005

The recent Spring Trader case has thrown into doubt the Chinese regime governing limitation of liability issues in maritime claims involving personal injury .

Compensation provisions for such cases established by the Supreme Court in 1992 were not applied by the lower courts in this case. Questions have been raised as to the role, if any, that these provisions have to play against the backdrop of the Chinese Maritime Code, which postdates them, and the Civil Code, which they appear to contradict.    

A useful commentary on these issues is given by Wang Jing & Co in their January 2005 circular .