PEOPLE

James Xu

Title:

Office:Shanghai

Practices: Admiralty & Maritime

Tel: 86-21-58796998

Fax:86-21-58871810

Email:

Website:none

Education
LL.M, Shanghai Maritime University(1988-1991) 
BEc, Shanghai Maritime University(1978-1982)
 
Working Experience
During 1982 to 1993, James served as an assistant judge and then as the Chief Judge and Presiding Judge of Marine Division in Shanghai Maritime Court. In 1987 to 1988, James studied at the Chinese Senior Judge Training Center and during 1990 to 1991 been honored as the Deputy Director of China Maritime Association Marine Committee. In 1991, James spent a year as a visiting scholar in the University of Antwerp, Belgium. Followed by that, he practiced in Duan & Duan as a Senior Partner from 1993 to 2000. In 2000, James established H & Y Law Firm and had presided as the managing partner till 2012. In 2012, James organized the merger of Co-effort and H & Y, and now served as the senior partner of Co-effort.
James is highly proficient in English and is excellent for handling the cases involving Carriage of Goods by Sea Act, charter party contracts and disputes, maritime insurance and reinsurance claims, shipbuilding contract and disputes, maritime tort and casualty, maritime salvage and maritime preservation.
 
Memberships & Awards
China Maritime Arbitration Commission Arbitrator 
Shanghai Arbitration Commission Arbitrator 
Shanghai Arbitration Court of International Shipping Arbitrator 
Shanghai Economics and Trade Arbitration Center Arbitrator 
Shanghai Institute of Foreign Trade Professor 
Shanghai Maritime University Professor 
Shanghai Maritime University Master Tutor 
Chinese Society of International Law Member 
Counsel Panel for Pudong District, Shanghai Legal Expert 
Judge Association of Shanghai Member 
Shanghai Law Society Member 
Sub-Committee of Admiralty & Maritime Law of All China Lawyers Association Committee Member
Advanced Individual of Judicial Administration System, Pudong District, 2008
Advanced Individual of Judicial Administration System, Pudong District, 2009
 
Representative Matters
Acting for China Ocean Shipping (Group) Company (COSCO), successfully dealt the ownership dispute of “Baiyun Mountain” drydock. The subject-matter involved an amount over 100 million and was an essential historical issue in respect of ownership of the state property. The success of this case affirmed COSCO’s ownership to “Baiyun Mountain”.
 
Acting for a Chinese Shipyard, dealt the 62 million disputes which was the first vessel wreck case happened during repairing in the shipyard. Finally the court made a judgment completely in favor of Chines shipyard, honoring no liability of the shipyard. This case has first time, in the Chinese judicial system, established responsibility principle of the ships under construction between the shipyard and the ship-owner.
 
Acting for a Chinese shipyard in an over 84 million dispute for the grounding accident of M.V. “Lok Pragatt”, the proceedings were held in Qingdao Maritime Court, the Higher Court of Shandong Province and the Supreme People’s Court of China. All of these three courts unanimously judged in favor of the Chinese shipyard, and in light of which the Chinese corporation avoided a compensation of almost 100 million.
 
Acting for Chinese shipyard regarding to a ship-repair contract dispute of M.V. “Rodosi”, the subject-matter was overran amount of 57.40million. The case was held under the Ningbo Maritime Court, The Higher Court of Zhejiang Province successively and referred a litigation procedure over China and US. The final judgment completely favored the Chinese shipyard and the litigation proceedings filed by the ship-owner in US were all dismissed.
 
Acting for Shanghai Zhenhua Heavy Industry Co., Ltd. (ZPMC), a dispute with an amount over €9.838 million regarding to suspending the payment under a letter of indemnity was held against a port corporation in Ukraine. This case marked the record in Shanghai for its first success to suspend the payment under a demanding letter of indemnity and as a consequence of that a considerable loss was avoided for the Chinese corporation.
 
Acting for Chinese Port Engineering Industry Corporation, on the issue of the grounding of  M/V “LUCKY HABOUR”, a dispute over 58.21 million was held in Shanghai Maritime Court. This case involved applicants over 23 fishing framers and all of whom applied for arresting the “LUCKY HABOUR”. With the negotiation with those claimers, about 50million was decreased for the demanding compensation.
Acting for SPMP against Shanghai Salvage Bureau, the dispute (which is known by public as “3.1” bridge-collapse accident) over 43.04million was held in Shanghai Maritime Court where the court made a judgment in favor of our client for no liability to the accident.
 
Acting for a Chinese Port Machinery Corporation against its insurer in the event of “10. 30” (a gantry crane fell into the sea at Yingkou Port), the legal effect of warranty clauses in the policy induced a huge dispute in Chinese maritime field. Having been trialed by the Dalian Maritime Court, Wuhan Maritime Court, Shanghai Maritime Court, Shanghai Higher Court and The Supreme People’s Court, our client won the supports from those courts for obtaining an insurance compensation of 21.18million.
 
Acting for a Chinese Port Machinery Corporation against its insurer regarding to the “5.17”accident (a gantry crane fell into the sea) in Ningbo Maritime court and Zhejiang Higher Court, 58.45millon was successfully compensated by the defendant finally.
 
Acting for Chinese Port Machinery Corporation against its insurer, a claim regarding to the indemnity affairs under an insurance contract was held. (The case was known as “10.6”accident that a gantry crane fell into the sea). After 5-year proceedings at Shanghai Maritime Court, Shanghai Higher Court and the Supreme Court successively, our client finally received a compensation of 22.33million.
Acting for Chinese Port Machinery Corporation against its insurer in a dispute referring that the crossbeam of a bridge carne falling, and although the existence of dispute in respect of the bridge-building technology, our client successfully obtained a compensation of 9.24million from the insurer.
 
Acting for a Chinese fertilizer corporation against the shipowner in Wuhan Maritime Court, dealt the dispute for the recognition and enforcement of a London arbitration award. With the approval of Hubei Higher Court and The Supreme’ People’s Court successively, the Chinese court dismissed the application of the claimant which successfully protect interests of the Chinese corporation.
 
Acting for Maersk against Tianjin Penavico, a claim in respect of deliver of goods without production of B/L was held in Tianjin Maritime Court and Tianjin Higher Court successively. After the 10-year period of litigation proceeding, the claim of our client got completely supported by the court.
 
Acting for Eaton, a dispute in respect of subrogation matters over “3.31” Fire Accident was held in Chinese courts successively. Our client, being demanded for 21million compensation, was judged to bear no responsibility for the accident.
 
Acting for Chinese Shipyard, a dispute regarding to the conversion of M/V “CHEM ORCHID”, handling the London arbitration proceeding and finally successfully collect 30 million for the clients.
 
Acting for Chinese Shipyard regarding to M/V “UNIVERSAL CHALLENGER”, successfully handles the ship arresting globally and the London Arbitration proceedings, with the results of 10 million repairing fees collected.
 
Acting for Chinese Shipping Liner, a dispute in respect of M/V “YONGWANG” which was arrested and sued in the High Court of the Republic of Singapore.
Acting for Chinese Shipyard, successfully handled the bankruptcy proceedings held in the United States District Court for the Southern District of New York regarding to the offshore project --“SUPER M2”. And our client subsequently obtained the full amount containing in the contract.
 
Acting for Chinese Shipyard, successfully handled the bankruptcy proceedings held in the United States District Court for the Southern District of New York regarding to M/V “EW HARTING”. And subsequently all the claims of our client got supported by the US court
 
Acting for Chinese Shipyard, successfully handled the Rule B attachment proceedings in the United States District Court for the Southern District of New York regarding to M/V “GRAND RODOSI”
 
Working Language
English, Chinese

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