On June 17, 2014, the German Maritime Law Association feels honored to host the 41st CMI Conference in Hamburg. CMI is back in Germany, 40 years after the last conference in Hamburg. Finally agreed with 24 tickets, 2 abstentions passed on Draft International Convention on Foreign Judicial Sales of Ships and their Recognition (Known as the “Beijing Draft”). At the subsequent meeting of CMI Assembly also made a special resolution about next steps. The convention was named the "Beijing draft" on account of the first draft was passed at the CMI 40th international meeting held in Beijing.

The ratification of the “Beijing Draft” marked a huge victory. Doctor Li Hai was the first person brought forward this topic who was the former President of DMU and Professor Si Yuzhuo’s best students, works for China Maritime Law Association (CMLA) as Vice-chairman, doctorial tutor and Adjunct Professor of DMU. Dr. Li Hai raised this problem at the meeting of CMI Executive Committee in 2007, and became one of CMI issues. Dr. Li spoke at 38th CMI conference on problems related to foreign judicial sales of ships and their recognition in 2008. In 2009, CMI Executive Committee decided to establish an international group about foreign judicial sales of ships, which was composed of maritime law experts from the UK, USA, Canada, Germany, Netherlands, Belgium, South Africa, Singapore, Nigeria and Venezuela. Dr. Li Hai served as President of working group, drew up and developed convention draft. This was the first appointment that the Chinese people took charge of creating and drafting international instruments as president of international working group in the CMI history of more than one hundred years.

International Working Group (IWG) completed “CMI questionnaire” then distributed to MLA of each country in 2010. IWG drew up the draft by analyzing and researching responses to questionnaires, and submitted to the first CMI international sub-committee meeting about foreign judicial sales of ships held in Oslo in 2011. After the repeated discusses modification, IWG made the second draft in the spirit of Oslo conference and submitted to CMI 40th conference held in Beijing for discussion in 2012, then developed “Beijing Draft”. The draft was done Beijing on 19 October 2012, amended at Dublin in 2013 and finally passed at CMI 41st international conference Hamburg in 2014. The Beijing Draft experienced a 7-year process from the making proposal of this project to the approval by the CMI. Doctor Li Hai, Chairman of CMI IWG, did a lot of work and made great efforts. It was for this work that Li Hai was calls the father of the “Beijing Draft” by international peers. This award is not only an individual honor, but also the pride of DMU and China maritime law circles.

China Maritime Law Association attached importance to this issue after received CMI questionnaire, then set up CMLA Judicial Sales of Ships working group which composed by team leader Wang, Shumei (Chief Judge of the Fourth Civil Trial Division of Supreme People’s Court), deputy secretary general Song Dihuang, standing Director and Professor Hu Zhengliang, Professor Han Lixin, the Judge Fu Xiaoqiang and Ms Zhai Juan in 2011. The group held continuous meetings in Shanghai and Beijing, discussed in details, and gave advice to CMI for revision and our views. CMLA secretary Chen Min took the lead to convene meeting in Beijing before Hamburg Conference. After serious discussion of group, CMLA formed the first draft revision and submitted to CMI. During the Hamburg Conference, deputy secretary general Song Dihuang and Professor Han Lixin expressed their opinions actively, clarified stand-point of CMLA. It is encouraging that lots of suggestions raised by CMLA are adopted by the final text. For example, the new added Article 9 is based on Song Dihuang’s declaration which is about State parties may by reservation restrict application of this Convention to recognition of Judicial Sales conducted in State Parties.

The Ratification of the “Beijing Draft” is exciting and Chinese legal person feel inspired. Not only because the “Beijing Draft” is the first international maritime convention which drafted by Chinese people who acted as Chairman of CMI International Working Group, but also the first international maritime convention named after Chinese mainland city. Moreover, due to China is a country with a more of ships arrested by court and auction. It was questioned by abroad for China Maritime Court auction. If the “Beijing Draft” could eventually become comprehensive international rules, it will promote unification of different countries’ judicial sales of ships and their recognition; on the other hand, it will have a positive impact of avoiding and reducing China maritime court auction doubted by other countries.

Note: (This article is based on brief description released by China Maritime Law Association web: Draft International Convention on Foreign Judicial Sales of Ships and their Recognition (Known as the “Beijing Draft”).