Maritime and Shipping
Biography
Education
Master of Law, Shanghai Maritime University
Bachelor of Economics, Shanghai Maritime University
Professional Experience
Lawyer Xu Jie served as a judge and deputy head of the Maritime Court at the Shanghai Maritime Court from 1982 to 1993. From 1987 to 1988, he studied at the China Senior Judges Training Center. He was the deputy director of the Maritime Committee of the China Maritime Law Association from 1990 to 1991. From 1991 to 1992, he was sent by the Supreme People's Court to study at the University of Antwerp in Belgium. From 1993 to 2000, he was a senior partner at Duan & Duan Law Firm. From 2000 to 2012, he established and served as the director and senior partner of the Shanghai Haoying Law Firm. From 2012 to 2016, he was involved in the merger of Haoying Law Firm with Co -effort Law Firm and later served as a senior partner at Co -effort Law Firm.
Business Scope
Maritime cargo transportation contract disputes, charter party disputes, marine insurance contract disputes, shipbuilding and repair contract disputes, maritime tort disputes, maritime salvage, general average, handling of maritime litigation preservation cases, etc.
Social Positions
Arbitrator, China Maritime Arbitration Commission
Arbitrator, Shanghai Arbitration Commission
Visiting Professor, Shanghai University of International Business and Economics
Visiting Professor / Master's Supervisor, Shanghai Maritime University
Director, Maritime and Shipping Committee of All China Lawyers Association
Member, Chinese Society of International Law
Member, Legal Advisory Team of Shanghai Pudong New Area Government
Member, Shanghai Judges Association
Member, Shanghai Law Society
Working Languages
Chinese, English
Domestic Representative Performance
- Represented COSCO Group in successfully handling the "Baiyun Mountain" floating dock ownership confirmation dispute case, which involved a value of over a billion and addressed significant historical issues related to the ownership of state-owned assets, successfully completing the confirmation of ownership for COSCO Group.
- Represented a Chinese shipyard in successfully handling the first case of a sinking accident during ship repair (M/V "ALTIS"), with a litigation value of 62 million yuan. After trial by the Chinese court, the Chinese shipyard was completely acquitted and not held responsible for compensation, establishing for the first time in the Chinese judicial system the principle of responsibility between shipyards and shipowners for ships under repair.
- Represented a Chinese shipyard in successfully handling the grounding accident dispute case of the "Lok Pragati" (M/V "LOK PRAGATI"), with a litigation value of 84 million yuan. The case was tried by Qingdao Maritime Court, Shandong Higher People's Court, and Supreme People's Court, with all three levels of courts ruling in favor of the Chinese shipyard, successfully avoiding nearly a hundred million yuan in economic compensation for Chinese shipbuilding enterprises.
- Represented a Chinese shipyard in successfully handling the ship repair contract dispute case with a Greek shipowner regarding the "Grand Rodosi" (M/V "GRAND RODOSI") at Ningbo Maritime Court and Zhejiang Higher People's Court, with a litigation value of 57.4 million yuan. The case involved litigation procedures in both Chinese and American jurisdictions, and the final judgment resulted in a complete victory for the Chinese shipyard, with all litigation procedures initiated by the Greek shipowner in China and the United States being dismissed.
- Represented a Chinese port machinery enterprise in successfully handling the "Lucky Harbour" (M/V "LUCKY HABOUR") fishing net contact accident at Dalian Maritime Court, with a value of 58.21 million yuan. The case involved 23 aquaculture farmers applying for ship arrest. Through continuous negotiations with the farmers for more than a month, nearly 50 million yuan in economic compensation liability was successfully reduced for the client.
- Represented a Chinese port machinery enterprise in successfully handling the "3.1" shore crane fall accident with Shanghai Salvage Bureau of the Ministry of Communications at Shanghai Maritime Court, with a case value of 43.04 million yuan. The final judgment resulted in a complete victory for the client, with no compensation liability.
- Represented a Chinese port machinery enterprise in successfully handling the "10.30" Yingkou port crane fall accident with the insurer, which involved a dispute over the validity of marine insurance contract warranty clauses and caused a significant controversy in the Chinese maritime law community. The case went through Dalian Maritime Court, Wuhan Maritime Court, Shanghai Maritime Court, Shanghai Higher People's Court, and Supreme People's Court. In all levels of court proceedings, the client was victorious and successfully obtained an insurance payment of 21.18 million yuan.
- Represented a Chinese port machinery enterprise in successfully handling the "5.17" port machinery damage accident insurance compensation dispute at Ningbo Maritime Court and Zhejiang Higher People's Court, successfully obtaining an insurance payment of 58.45 million yuan for the client.
- Represented a Chinese port machinery enterprise in successfully handling the "10.6" gantry crane fall accident insurance claim dispute, which involved significant controversy and went through five years of trials at Shanghai Maritime Court, Shanghai Higher People's Court, and Supreme People's Court. The client successfully obtained an insurance payment of 22.33 million yuan.
- Represented a Chinese port machinery enterprise in successfully handling the "4.14" bridge crane front beam fall accident insurance claim dispute, where there was significant controversy over the issue of poor workmanship, and successfully obtained the full insurance payment of 9.24 million yuan for the client.
- Represented a Chinese fertilizer enterprise in successfully handling the recognition and enforcement dispute of a British London maritime arbitration award at Wuhan Maritime Court with a foreign shipowner. The case went through multiple levels of consultation with Hubei Higher People's Court and Supreme People's Court, and London arbitration award was ultimately not recognized and enforced in Chinese courts, successfully protecting the legal interests of the Chinese enterprise.
- Represented Maersk in successfully handling the dispute with Tianjin Foreign Shipping Agency Company regarding the release of goods without a bill of lading at Tianjin Maritime Court and Tianjin Higher People's Court. After ten years of trial in Chinese courts, the client's litigation request was fully supported by the Chinese courts.
- Represented Eaton China in handling the "3.31" fire accident insurance subrogation dispute, with a litigation value of 21 million yuan. After trial by two levels of Chinese courts, Eaton China was completely acquitted and not held responsible for any compensation.
Overseas Representative Performance
- Represented a Chinese shipyard in successfully handling the "Chem Orchid" (M/V "CHEM ORCHID") ship modification dispute involving a British London arbitration procedure, successfully obtaining a compensation of 30.75 million yuan for the Chinese shipyard from abroad.
- Represented a Chinese shipyard in successfully handling the "Universal Challenger" (M/V "UNIVERSAL CHALLENGER") ship arrest and arbitration and execution procedures worldwide, successfully obtaining a repair fee of 10.51 million yuan for the Chinese shipyard from abroad.
- Represented a Chinese shipping enterprise in successfully handling the "Yongwang" (M/V "YONGWANG") ship arrest and litigation case at Singapore High Court, achieving all litigation objectives for the client.
- Represented a Chinese shipyard in successfully handling the "SUPER M2" marine engineering project bankruptcy proceedings at the United States District Court for the Southern District of New York, successfully collecting the full contract price for the Chinese shipyard.
- Represented a Chinese shipyard in successfully handling the "EW Harting" (M/V "EW HARTING") bankruptcy proceedings at the United States District Court for the Southern District of New York, with all the litigation requests proposed by the Chinese shipyard being supported by the U.S. court.
- Represented a Chinese shipyard in successfully handling the "Grand Rodosi" (M/V "GRAND RODOSI") "Brule arrest order procedure" at the United States District Court for the Southern District of New York, successfully lifting the judicial arrest procedure by the U.S. court for the Chinese shipyard.
