I. Background information
At noon on September 13, HNA Tourism, a subsidiary of HNA Group, reported that its cruise ship "Henna" was detained by Jeju District Court of South Korea, resulting in the detention of 1659 tourists and 650 employees. Hainan Airlines said that the company of China Jiangsu Shagang Group applied to Jeju District Court for arresting the ship on the grounds of legal disputes.
According to relevant personnel, Shagang Shipping Co., Ltd. is registered in Hong Kong with a company under a debt dispute with HNA. The company owned by HNA owes Shagang Shipping Co., Ltd. 58 million dollars in debt and is on the verge of bankruptcy. According to reports, according to the contractual agreement of the two companies, in the event of a debt dispute, the London court ruling will apply, and the debtor or guarantor's ship can be detained at any port after the creditor applies.
According to the staff of the Consulate General of China in Jeju, Shagang asked HNA to pay a deposit of16.9 million.
Second, the parties responded.
1. Hainan air tourism: Han's seizure of the ship violates international conventions.
HNA Tourism said that the incident was caused by an economic dispute between Shagang Shipping under Jiangsu Shagang Group and Daxinhua Shipping Company under HNA Group. The South Korean court forcibly seized the assets of the non-involved ship or even the non-involved party, which was suspected of violating international conventions.
HNA said that the dispute between Daxinhua steamship and Shagang Shipping, a subsidiary of Jiangsu Shagang Group, is a normal economic dispute, and both parties have agreed to apply English law and be under the jurisdiction of English courts. Shagang Shipping seized the cruise ship "Henna" through Jeju court before the court made a judgment.
HNA Travel claims that Shagang Shipping unilaterally forcibly detained the ship regardless of the safety and health of more than 2,300 people, which actually restricted the personal freedom of the people on board and seriously damaged the legitimate rights and interests of innocent passengers on board, and will reserve the right to pursue their responsibilities through legal channels.
2. Shagang Group: HNA Tourism owes $58 million.
Shagang Shipping Co., Ltd. attached great importance to the detention of Hainan Airlines-related vessels by the Korean District Court, which affected the normal travel of passengers, and expressed its active cooperation with relevant parties to properly handle this matter.
According to relevant personnel, Shagang Shipping Co., Ltd. is registered in Hong Kong with a company under a debt dispute with HNA. The company owned by HNA owes Shagang Shipping Co., Ltd. 58 million dollars in debt and is on the verge of bankruptcy. According to reports, according to the contractual agreement of the two companies, in the event of a debt dispute, the London court ruling will apply, and the debtor or guarantor's ship can be detained at any port after the creditor applies.
3. Lawyer's statement: "Arrest of ship or litigation strategy of Shagang"
A senior lawyer said that it was legally feasible for a company in China to apply to a Korean court for detaining the ship of another company in China. Arrest of ships is not uncommon in maritime cases. Seizing ships abroad also happens from time to time.
For the plaintiff, that is, the party applying for the arrest of a ship, the arrest of a ship is a common way of property preservation before litigation. The plaintiff submitted a deposit to the court and asked the court to arrest the defendant's ship. Under pressure or in order to avoid greater losses, the defendant often submits a letter of guarantee to the court to let the court return the ship.
After that, if the two companies want to file a lawsuit, they will also file a lawsuit in the court that has accepted the guarantee. If the plaintiff wins the case, the deposit paid by the defendant can become part of the compensation. "If the plaintiff did not apply for arrest before, even if the lawsuit is successful, the compensation that the defendant should perform may be delayed. Therefore, arresting a ship is often equal to winning 70% of the lawsuit. "
In response to this incident, HNA Cruises need to call at Korean ports. If there are no special circumstances, Korean courts have jurisdiction over cruise ships at this time. "When the ship sails to the territorial waters of other countries, the court of the other side will enjoy judicial sovereignty." In other words, the Korean courts have the right to detain the above cruise ships. As for why Shagang Shipping chose to apply for arrest in Korean courts, this may be a litigation strategy of Shagang Shipping.
4. "I don't think the Korean court arrested the ship on the rest day."
In transnational trade disputes, there are strict regulations on jurisdiction, which involve many factors such as the place where the dispute occurs and the location of the defendant. There is doubt whether the Jeju District Court of South Korea has the right to detain the Henna.
Some lawyers believe that the legal dispute between HNA and Shagang needs to be analyzed according to the specific circumstances, but when the court takes preservation measures for one party's related property, it must notify the reserving party in advance and give the other party a certain time to deal with it.
After the detention of the Henna by Jeju District Court was a rest day, HNA could not handle the deposit payment and settlement procedures in time, resulting in thousands of China citizens stranded. This practice of the court is thoughtless.
The Korean judiciary has now accepted the lawsuit filed by Shagang, and the case will be heard in the next step. Some lawyers said that if the plaintiff finally loses the case, the court and the prosecution may have to bear the relevant legal responsibilities caused by the detention of the Henna and the detention of tourists.
? 5. Reaction of other parties
In response to this matter, the National Tourism Administration contacted the Korean Ministry of Culture, Sports and Tourism on the evening of 14, asking the ROK to release the cruise ship as soon as possible.
According to reports, after the cruise ship was detained, HNA Tourism Bureau immediately set up an emergency team and launched an emergency plan. And report the incident to the South Ministry of Foreign Affairs, the National Tourism Administration, the Korean Embassy and Consulate in Korea and other units, and coordinate with the ROK to ensure the overseas rights and interests of tourists.
Hainan Airlines said that the company is working out a compensation plan to give appropriate compensation for the losses caused by passengers.
Thirdly, the background information of Henna.
Henna is the first luxury cruise ship on the mainland.
Henna, which belongs to the newly established HNA Tourist Cruise Yacht Management Co., Ltd., was introduced by HNA Group from Carnival, the world's largest cruise company headquartered in Miami, USA, and became the first luxury cruise ship in the mainland after the introduction of China. The total length is 223 meters, the hull width is 28 meters, the maximum width is 3 1 m, the total volume is 47,000 tons, and the maximum sailing speed is 19 knots.
The maiden voyage of Henna in China was 20 13 65438+ 10. This year, Henna made its maiden voyage between Tianjin and South Korea. From Tianjin to Jeju and then to Incheon, the price of traveling by Henna is about 5,000 yuan, which is welcomed by ordinary consumers for its low price.
Most of the tourists on the Henna are traveling at home, mostly old people and children. In order to cater to the habits of local tourists in China, the ship is equipped with Chinese signs, as well as China waiters, and the restaurant also provides Chinese food.
The number of decks on the ship is * * *12,739 cabins, and the maximum number of passengers can be 1965. The ship has complete public facilities, including restaurants, duty-free shops, casinos, theaters, spas, banquet halls, bars, multi-functional meeting rooms, chess and card rooms, children's centers, gyms, swimming pools and so on. Can meet the needs of tourists' life and entertainment at sea.
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The luxury cruise ship "Henna" seized by the Korean court.