Maritime Legal Update – December 2025
Cargo damage claims in China – legal framework, procedural barriers and recommendations for Polish businesses
(prepared by Marek Czernis & Co. Law Office, based on practical
experience in handling cargo claims before Chinese maritime courts)
Marek Czernis Law Office | www.czernis.pl
1. Introduction
With the rapid growth of maritime trade between Poland and China, the number of cargo damage claims brought before Chinese maritime courts has significantly increased.
Marek Czernis & Co. Law Office, drawing on its experience in representing
shipowners, charterers and cargo interests in international shipping disputes,
presents below an overview of the Chinese legal framework, procedural barriers,
and practical recommendations for Polish businesses.
2. Legal framework and carrier’s liability
The China Maritime Code (CMC) of 1993 – modelled on the Hague-Visby Rules and incorporating certain Hamburg Rules concepts – governs carriage of goods by sea in China.
It establishes the carrier’s liability from receipt of cargo until delivery and
sets a one-year limitation period for cargo claims.
The carrier
bears the burden of proving due diligence in making the ship seaworthy and
handling the cargo properly. Failure to maintain detailed operational records
(ventilation logs, temperature reports, etc.) is often interpreted by Chinese
courts as a lack of due diligence.
3. Judicial practice of Chinese maritime courts
Chinese maritime courts give significant weight to documentary and expert evidence.
In the “SDTR DORA”
(Tianjin, 2023) case, the court ruled that an independent draft
survey conducted on board provides the most reliable evidence of cargo
quantity delivered.
Similarly, in MV MEGALOHARI (Xiamen) and MV Bulk
Aquila (Qingdao), the courts confirmed that a clean bill of lading
evidences only the apparent condition of cargo and does not guarantee absence
of latent defects.
4. Procedural and practical barriers
Jurisdiction and arbitration clauses – To be enforceable, the arbitration or law clause must be expressly stated in the bill of lading, including the date and parties of the charter.
Short
limitation period – Cargo claims must be filed within one year of
delivery; negotiation or protest
letters do not suspend the period.
Evidence
and translation requirements – Chinese courts rely heavily on written
evidence; all documents must be translated into Chinese by certified
translators.
Costs and
enforcement – Enforcement against Chinese defendants can be difficult;
mediation or arbitration before CMAC is often a more efficient route.
5. Practical recommendations
1. Ensure clear and complete contractual documentation, including law and arbitration clauses.
2. File claims promptly – within the one-year limitation.
3. Engage independent surveyors at
discharge ports in China and document all findings jointly.
4. Maintain detailed operational logs (ventilation, temperature,
handling records).
5. Obtain comprehensive cargo insurance and verify subrogation
clauses.
6. Cooperate with local maritime lawyers and experts familiar with
Chinese court procedures.
6. Conclusions
Chinese maritime law largely aligns with international standards but is applied with local particularities, placing high evidentiary demands on carriers.
Success in litigation depends on early preparation, robust documentation and
professional legal support.
In the experience of Marek Czernis & Co. Law Office, proactive
management of risks and timely procedural action are essential to effectively
protect Polish business interests in China-related maritime trade.