Time Bars (TB) is the period of time allowed for filling a claim to court for the protection of civil rights or interests (art. 256 Civil Code of Ukraine).
On 17 March 2017, a Brazilian Federal Police investigation codenamed Carne Fraca ("Weak Flesh" in Portuguese) launched in 2015 became public, leading to many countries imposing bans on Brazilian meat products.
The Club has been made aware of shipowners being issued charges from the local government of Zambales for the transit of their vessels through coastal waters in recent weeks.
The time bars are defined under Article 149 of the Civil Code 2015 (to become effective from 01 January 2017) that time bar means a time-limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law.
As a civil law country, the general provisions of prescription are provided by the Civil and Commercial Code ("the Code") in its Book I, Title IV, Chapters I and II which came into force in 1923 and was subsequently amended in 1925 and 1992. In principle, the period of prescription begins to run from the moment when the claim can be enforced. If the claim is for forbearance, prescription begins to run from the moment when the right is first infringed (Section 193/12 of the Code).
As commerce, including international commerce, starts to grow in Myanmar, there will be many cases in which a contract gives rise to a dispute between the parties to it. The question whether a Myanmar Court will or should adjudicate a contract dispute but if it does adjudicate, the rules which tell it whether to apply the domestic law of Myanmar, or the Myanmar rules of private international.
In Malaysia, the principal act of limitation is set out in the Limitation Act 1953 ("the Act") basically based on the English Limitation Act 1939 which was since then replaced with the Limitation Act 1980. The Act prescribes different period of limitation depending on different types of causes of action that arise. The Act cautions that nothing therein shall operate as a bar to any action or proceedings unless expressly pleaded.
As such in Indonesia, the law does not specify when the limitation periods begin. However, in practice, the period starts when the right to make the claim first arises. However, there is no specific maritime law/Act in Indonesia but there are few provisions in regard to the time bars/limitation as per Indonesian Commercial Code.
Further to the Spanish Government passing the Stevedores Port Law reform last Friday, 24 FEB 17, the Club has learnt of the following strikes to be called by Spanish stevedores at all Spanish Ports.
The UK P&I Club, with the assistance of our network of correspondents and legal contacts put together this online guide on International Time Bars for claims, particularly for maritime claims.
The Panama Canal Authority issued and released the attached Advisory to Shipping No. A-04-2017 regarding manoeuvring requirements in Panama Canal waters.
A limitation period is the time within which claimants have to commence legal proceedings, either in court or arbitration, otherwise those claims will become time barred.
