PICC PROPERTY AND CASUALTY CO LTD NINGBO BRANCH v MITSUI OSK LINES LTD

[2016] 7 CMCLR 31

NINGBO MARITIME COURT OF CHINA(CIVIL JUDGMENT)

Before Presiding Judge Zibei,Acting Judge Guangen,Acting Judge Nina,Acting Clerk Danying

Contract of carriage of goods by sea - Subrogation claim of the cargo insurer - Sinking of carrying ship M/V MOL Comfort - Total loss of the goods - Choice of Japanese law in bill of lading back clauses - Court's review of standard contract clause - Exemptions available to the carrier - Carrier's obligation of ensuring seaworthiness of vessel - Due diligence - Defective design of ship - Latent defect.