What is the time limitation of actions against shipper, consignee or B/L holder?
Though there is no such time limitation stipulated by CMC, the Supreme People's Court ruled that until this issue is dealt with by new law, the actions against shipper, consignee or B/L holder with regard to carriage of goods by sea should be subject to Article 257 (1) of CMC, i.e. one year time limitation period shall be applied to such actions counting from the time the claimant knows or should have known the infringement of his rights.
Prior to this ruling, the two-year time limitation provided for in the Civil Law of PRC was applied by the maritime courts to the actions brought by the carrier against the shipper, consignee or holder of bill of lading.
Back