Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases

Wu Zhiyi; Lu Siyi

doi:doi:10.11648/j.ss.20221101.12

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Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases

Wu Zhiyi, Lu Siyi

Published in Social Sciences (Volume 11, Issue 1)

Received: 2 January 2022 Accepted: 17 January 2022 Published: 28 January 2022

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Abstract

Economic globalization has led to the continuous increase of multinational companies and enterprise groups in the field of shipping, an international and fully open international shipping market has initially formed, and the foreign-related business of shipping companies has also increased. But since the financial crisis, the shipping industry has been in a downturn, and bankruptcy cases of shipping companies continue to occur. In 2012, the world's second largest independent tanker operator, Overseas Ship Holding Group Inc (OSG), filed for bankruptcy protection; in 2013, STX Dalian went bankrupt; in 2014, the world's largest marine fuel oil supplier (OW Bunker) declared bankruptcy; in 2017, Hanjin Shipping, the world’s seventh largest shipping company, was declared bankrupt by a South Korean court. In this paper, we focus on the analysis for the legislative provisions and problems in judicial practice of the jurisdictional system of maritime cross-border insolvency cases, summarize the factors affecting the jurisdictional system of maritime cross-border insolvency cases by combining the criteria and theories of jurisdictional determination, draw on the legislative and judicial practice experience of major shipping countries, and put forward feasible suggestions to improve the jurisdictional system of maritime cross-border insolvency cases. This dissertation analyzes the conflict of jurisdiction between maritime and bankruptcy in the same jurisdiction and the conflict of jurisdiction in different jurisdictions from both horizontal and vertical dimensions; theoretically and practically, through the current regulations and judicial practice of China and major shipping countries, it puts forward feasible suggestions to improve the jurisdictional system of maritime cross-border bankruptcy cases in China.

Published in	Social Sciences (Volume 11, Issue 1)
DOI	10.11648/j.ss.20221101.12
Page(s)	5-13
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Cross-border Insolvency, Maritime Insolvency, Jurisdictional Regimes, Judicial Cooperation

References

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APA Style

Wu Zhiyi, Lu Siyi. (2022). Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases. Social Sciences, 11(1), 5-13. https://doi.org/10.11648/j.ss.20221101.12

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ACS Style

Wu Zhiyi; Lu Siyi. Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases. Soc. Sci. 2022, 11(1), 5-13. doi: 10.11648/j.ss.20221101.12

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AMA Style

Wu Zhiyi, Lu Siyi. Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases. Soc Sci. 2022;11(1):5-13. doi: 10.11648/j.ss.20221101.12

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@article{10.11648/j.ss.20221101.12,
  author = {Wu Zhiyi and Lu Siyi},
  title = {Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases},
  journal = {Social Sciences},
  volume = {11},
  number = {1},
  pages = {5-13},
  doi = {10.11648/j.ss.20221101.12},
  url = {https://doi.org/10.11648/j.ss.20221101.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20221101.12},
  abstract = {Economic globalization has led to the continuous increase of multinational companies and enterprise groups in the field of shipping, an international and fully open international shipping market has initially formed, and the foreign-related business of shipping companies has also increased. But since the financial crisis, the shipping industry has been in a downturn, and bankruptcy cases of shipping companies continue to occur. In 2012, the world's second largest independent tanker operator, Overseas Ship Holding Group Inc (OSG), filed for bankruptcy protection; in 2013, STX Dalian went bankrupt; in 2014, the world's largest marine fuel oil supplier (OW Bunker) declared bankruptcy; in 2017, Hanjin Shipping, the world’s seventh largest shipping company, was declared bankrupt by a South Korean court. In this paper, we focus on the analysis for the legislative provisions and problems in judicial practice of the jurisdictional system of maritime cross-border insolvency cases, summarize the factors affecting the jurisdictional system of maritime cross-border insolvency cases by combining the criteria and theories of jurisdictional determination, draw on the legislative and judicial practice experience of major shipping countries, and put forward feasible suggestions to improve the jurisdictional system of maritime cross-border insolvency cases. This dissertation analyzes the conflict of jurisdiction between maritime and bankruptcy in the same jurisdiction and the conflict of jurisdiction in different jurisdictions from both horizontal and vertical dimensions; theoretically and practically, through the current regulations and judicial practice of China and major shipping countries, it puts forward feasible suggestions to improve the jurisdictional system of maritime cross-border bankruptcy cases in China.},
 year = {2022}
}

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TY  - JOUR
T1  - Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases
AU  - Wu Zhiyi
AU  - Lu Siyi
Y1  - 2022/01/28
PY  - 2022
N1  - https://doi.org/10.11648/j.ss.20221101.12
DO  - 10.11648/j.ss.20221101.12
T2  - Social Sciences
JF  - Social Sciences
JO  - Social Sciences
SP  - 5
EP  - 13
PB  - Science Publishing Group
SN  - 2326-988X
UR  - https://doi.org/10.11648/j.ss.20221101.12
AB  - Economic globalization has led to the continuous increase of multinational companies and enterprise groups in the field of shipping, an international and fully open international shipping market has initially formed, and the foreign-related business of shipping companies has also increased. But since the financial crisis, the shipping industry has been in a downturn, and bankruptcy cases of shipping companies continue to occur. In 2012, the world's second largest independent tanker operator, Overseas Ship Holding Group Inc (OSG), filed for bankruptcy protection; in 2013, STX Dalian went bankrupt; in 2014, the world's largest marine fuel oil supplier (OW Bunker) declared bankruptcy; in 2017, Hanjin Shipping, the world’s seventh largest shipping company, was declared bankrupt by a South Korean court. In this paper, we focus on the analysis for the legislative provisions and problems in judicial practice of the jurisdictional system of maritime cross-border insolvency cases, summarize the factors affecting the jurisdictional system of maritime cross-border insolvency cases by combining the criteria and theories of jurisdictional determination, draw on the legislative and judicial practice experience of major shipping countries, and put forward feasible suggestions to improve the jurisdictional system of maritime cross-border insolvency cases. This dissertation analyzes the conflict of jurisdiction between maritime and bankruptcy in the same jurisdiction and the conflict of jurisdiction in different jurisdictions from both horizontal and vertical dimensions; theoretically and practically, through the current regulations and judicial practice of China and major shipping countries, it puts forward feasible suggestions to improve the jurisdictional system of maritime cross-border bankruptcy cases in China.
VL  - 11
IS  - 1
ER  -

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Author Information

Wu Zhiyi

Law School, Shanghai Maritime University, Shanghai, China
Lu Siyi

Law School, Shanghai Maritime University, Shanghai, China

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Plain Text BibTeX RIS

APA Style

Wu Zhiyi, Lu Siyi. (2022). Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases. Social Sciences, 11(1), 5-13. https://doi.org/10.11648/j.ss.20221101.12

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ACS Style

Wu Zhiyi; Lu Siyi. Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases. Soc. Sci. 2022, 11(1), 5-13. doi: 10.11648/j.ss.20221101.12

Copy | Download

AMA Style

Wu Zhiyi, Lu Siyi. Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases. Soc Sci. 2022;11(1):5-13. doi: 10.11648/j.ss.20221101.12

Copy | Download

@article{10.11648/j.ss.20221101.12,
  author = {Wu Zhiyi and Lu Siyi},
  title = {Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases},
  journal = {Social Sciences},
  volume = {11},
  number = {1},
  pages = {5-13},
  doi = {10.11648/j.ss.20221101.12},
  url = {https://doi.org/10.11648/j.ss.20221101.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20221101.12},
  abstract = {Economic globalization has led to the continuous increase of multinational companies and enterprise groups in the field of shipping, an international and fully open international shipping market has initially formed, and the foreign-related business of shipping companies has also increased. But since the financial crisis, the shipping industry has been in a downturn, and bankruptcy cases of shipping companies continue to occur. In 2012, the world's second largest independent tanker operator, Overseas Ship Holding Group Inc (OSG), filed for bankruptcy protection; in 2013, STX Dalian went bankrupt; in 2014, the world's largest marine fuel oil supplier (OW Bunker) declared bankruptcy; in 2017, Hanjin Shipping, the world’s seventh largest shipping company, was declared bankrupt by a South Korean court. In this paper, we focus on the analysis for the legislative provisions and problems in judicial practice of the jurisdictional system of maritime cross-border insolvency cases, summarize the factors affecting the jurisdictional system of maritime cross-border insolvency cases by combining the criteria and theories of jurisdictional determination, draw on the legislative and judicial practice experience of major shipping countries, and put forward feasible suggestions to improve the jurisdictional system of maritime cross-border insolvency cases. This dissertation analyzes the conflict of jurisdiction between maritime and bankruptcy in the same jurisdiction and the conflict of jurisdiction in different jurisdictions from both horizontal and vertical dimensions; theoretically and practically, through the current regulations and judicial practice of China and major shipping countries, it puts forward feasible suggestions to improve the jurisdictional system of maritime cross-border bankruptcy cases in China.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Conflict and Response to the Jurisdiction in Maritime Cross-border Insolvency Cases
AU  - Wu Zhiyi
AU  - Lu Siyi
Y1  - 2022/01/28
PY  - 2022
N1  - https://doi.org/10.11648/j.ss.20221101.12
DO  - 10.11648/j.ss.20221101.12
T2  - Social Sciences
JF  - Social Sciences
JO  - Social Sciences
SP  - 5
EP  - 13
PB  - Science Publishing Group
SN  - 2326-988X
UR  - https://doi.org/10.11648/j.ss.20221101.12
AB  - Economic globalization has led to the continuous increase of multinational companies and enterprise groups in the field of shipping, an international and fully open international shipping market has initially formed, and the foreign-related business of shipping companies has also increased. But since the financial crisis, the shipping industry has been in a downturn, and bankruptcy cases of shipping companies continue to occur. In 2012, the world's second largest independent tanker operator, Overseas Ship Holding Group Inc (OSG), filed for bankruptcy protection; in 2013, STX Dalian went bankrupt; in 2014, the world's largest marine fuel oil supplier (OW Bunker) declared bankruptcy; in 2017, Hanjin Shipping, the world’s seventh largest shipping company, was declared bankrupt by a South Korean court. In this paper, we focus on the analysis for the legislative provisions and problems in judicial practice of the jurisdictional system of maritime cross-border insolvency cases, summarize the factors affecting the jurisdictional system of maritime cross-border insolvency cases by combining the criteria and theories of jurisdictional determination, draw on the legislative and judicial practice experience of major shipping countries, and put forward feasible suggestions to improve the jurisdictional system of maritime cross-border insolvency cases. This dissertation analyzes the conflict of jurisdiction between maritime and bankruptcy in the same jurisdiction and the conflict of jurisdiction in different jurisdictions from both horizontal and vertical dimensions; theoretically and practically, through the current regulations and judicial practice of China and major shipping countries, it puts forward feasible suggestions to improve the jurisdictional system of maritime cross-border bankruptcy cases in China.
VL  - 11
IS  - 1
ER  -

Copy | Download