安全港口的定义——“海洋胜利”轮案评析

Definition of safe port——an analysis of UK case of the “Ocean Victory”

“海洋胜利”轮案经英国法院三审,历经11年之久,最终法院判决日本卸货港是安全港口,从而免除了中国租船有限公司的全部责任,避免了巨大经济损失。通过分析该典型案例,对租船合同中约定安全港口保证条款中“安全港口”的真正含义,特别是适用英国法时,其法官对“安全港口”的认定予以明确,有益于今后在国内外应对和处理此类案件。

After 11 years of trial, the “ Ocean Victory ” finally got the judgement from the UK Supreme Court which is of the opinion that the Japanese unloading port was a safe port and thus China National Chartering Co. was exempted from all the liabilities and avoided huge economic losses. Through analysis of this typical case, the real meaning of “safe port” in the safe port warranty clause as agreed in the charter party is clarified by the judge, especially when the British law is applied, which is undoubtedly beneficial to similar cases both at home and abroad in the future.