MITSUI SUMITOMO INSURANCE CO., LTD. vs JIANGSU ZHENJIANG SHIPYARD CO., LTD AND ZHENJIANG TONGHUA CONTAINERS TRANSPORTATION CO., LTD

[2011] 1 CMCLR 32

ZHENJIANG INTERMEDIATE PEOPLE’S COURT(CIVIL JUDGMENT)

Ship building contract, insurance subrogation claim – Yantian Tug Co. concluded shipbuilding contract with Zhenjiang Shipyard – shipbuilding contract provided that Yantian Tug Co. shall be responsible to purchase the main engine of the ship and Zhenjiang Shipyard shall be responsible for the arranging of the transportation and custody of the main engine from Zhenjiang port to the shipyard – Yantian Tug Co. ordered two main engines from Japan and shipped to Zhenjiang port – Yantian Tug Co. mailed the B/L to Zhenjiang Shipyard and entrusted it to carry out the transportation – during the road transportation, the truck that carried the main engine turned over and the main engine was damaged – whether the shipyard shall be liable for the risk during land transportation – time bar of the claim, one year or two years