Gard Maritime & Energy Ltd v China National Chartering Co. Ltd

Gard Maritime & Energy Ltd v China National Chartering Co. Ltd

CNC Limited, having restructured from a state-owned enterprise to a limited liability company under the applicable Chinese laws and regulations, is entitled as a matter of Chinese law to bring its claim against Daiichi, as it is the legal successor to CNC Corp and inherits all its rights and obligations.

Parties
Claimant: Gard Maritime & Energy Limited; Defendant: China National Chartering Co. Ltd; Third Party: Daiichi Chuo Kisen Kaisha; Fourth Party: Ocean Line Holdings Limited
Jurisdiction
England and Wales
Judgment Date
26 July 2012
Procedural Posture
Commercial Court Preliminary Issue / Judgment on Preliminary Issue
Outcome
Preliminary issue answered in the affirmative for CNC Ltd; CNC Ltd is entitled to bring its claim against Daiichi.
Legal Topics
Corporate Restructuring, Succession of Rights and Obligations, Chinese Company Law, Re Registration of State Enterprises
Company Law Commercial Law Corporate Restructuring Succession of Rights and Obligations Chinese Company Law Re Registration of State Enterprises

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Parties

Gard Maritime & Energy Limited

Claimant

China National Chartering Co. Ltd

Defendant

Daiichi Chuo Kisen Kaisha

Third Party

Ocean Line Holdings Limited

Fourth Party

Procedural Posture

Commercial Court Preliminary Issue / Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether CNC Limited is entitled under Chinese law to bring its claim against Daiichi after restructuring from a state-owned enterprise to a limited liability company

Ratio Decidendi

CNC Limited, having restructured from a state-owned enterprise to a limited liability company under the applicable Chinese laws and regulations, is entitled as a matter of Chinese law to bring its claim against Daiichi, as it is the legal successor to CNC Corp and inherits all its rights and obligations.

Court Disposition

Preliminary issue answered in the affirmative for CNC Ltd; CNC Ltd is entitled to bring its claim against Daiichi.

Orders

  • CNC Limited is entitled as a matter of Chinese law to bring its claim against Daiichi.