Quarterly case review from the UK P&I Club indicates that single liability principle does not operate in a collision claim where the claim of one of the shipowners is time-barred.
Like some other countries, the United States is a federal jurisdiction consisting of a national government and fifty states. Maritime law is almost exclusively federal statutory or judge-made law but state law is also relevant in certain respects.
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).
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.
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.
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.
