The new Saudi COGSA rules now state time bar is 365 days, as such if no claim is presented within the one year it will be time barred, the old rules of the 3 years to prosecute etc is no longer applicable.
In general, Russian law does not contain a definition of time bars, it refers to provisions concerning a period of limitation of actions (hereinafter - the limitation period). Legal meaning of the limitation period is quite different from legal meaning of time bars. Russian Civil legislation stipulates that the limitation period is a period for defence of rights of a person whose rights have been infringed. Unless otherwise provided by law, the running of the limitation period shall commence from the day when the person became or should have become aware on infringement of his right and on proper defendant on the claim. A demand for the protection of an infringed right shall be taken for consideration by the court irrespective of expiration of the limitation period. The limitation period shall be applied by a court only on request of a party of the dispute, made before the rendering of a decision by the court. In absence of that request the dispute shall be considered by the court even in case if the limitation period has been expired.
Limitation periods impose time limits within which a party must bring a claim, or give notice of a claim to another party failing which the claimant may be prevented from bringing his claim against the alleged wrongdoer. If a claim proceeds out of time, the defendant will be able to plead the defense of limitation and the claimant will have the burden of proving that the cause of action arose within the relevant statutory period.
Time bars under contract of carriage in contract and in tort for both personal injury and latent damage claims are governed by the Libyan civil law as follows;
The Club has been advised by our Correspondent that the Port of Fujairah has put in place a new regulation prohibiting a vessel from sailing when a crew member is disembarked for medical reasons.
Under Italian law, limitation periods depend on the type of claim. For the purpose of the time bars examined in this article, the main statutes are the Civil Code and the Code of Navigation. Time bars are distinguished between prescrizione and decadenza: both cannot be extended or shortened by agreement between the parties, but prescrizione can be protected by a notice of claim which will make a fresh time bar period start to run, whilst decadenza can be avoided only by court action or any other act required by the law or by the contract.
The German Civil Code provides a general 3 years time bar period which applies to contractual as well as to statutory claims. If a damage or a personal injury is latent long-stop dates of up to 30 years apply.
Statutory time bars are governed by the Statute of Limitations Act 1957 as amended by the Statute of Limitations (Amendment) Act 1991 and 2000. The statutory limitation periods cannot be extended by agreement. The issue of whether a claim is statute-barred is however a defence that must be raised by a Defendant once proceedings are issued. A court will not consider this issue on its own volition. A defendant may be estopped from relying upon the Statute of Limitations as a defence if their conduct renders it unjust to permit them to do so.
