Japan - Time Bars
20/01/2017
Understand the time bar system in Japanese maritime law with key concepts and specific time limits for various claims
The lengthy judicial proceedings in the French courts arising out of the sinking and massive oil spill from the tanker ERIKA off the coast of Brittany in December 1999, gave rise to numerous questions regarding the interaction between the international oil pollution liability conventions as incorporated into French law and other French legislation which claimants argued should apply. As a result legislation has been passed by France since the ERIKA judgements in an attempt to codify the Erika jurisprudence.
Germany - Time Bars
19/01/2017
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.
Greece - Time Bars
19/01/2017
Navigate the legal waters in Greece with our guide to time bars and prescription of claims in maritime cases
India - Time Bars
19/01/2017
Navigate India's maritime time bars and limitation periods under the Limitation Act, 1963
Ireland - Time Bars
19/01/2017
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.
Italy - Time Bars
19/01/2017
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.
Cyprus - Time Bars
18/01/2017
The Limitation of Actionable Rights Law of 2012 (basic Law) along with any amendments, is the Law that regulates the maximum period for claim-filing (legal action) in Cyprus Courts (exclusively within the jurisdiction of the Republic of Cyprus).
Egypt - Time Bars
18/01/2017
Understand Egypt's legal time bars
Finland - Time Bars
18/01/2017
According to the general principle of law debts shall be time bared if the creditor does not demand settlement within a reasonable time. Rules to shorten the limitation periods are implemented in Finnish legislation. The general law on time bar applicable to debts and other obligations are laid down in law 2003/728 Act on Limitations on debts. These general rules are applicable to all sorts of obligations (money, goods, services, damages, indemnities etc.) but do only apply if no special regulations on time bar are stipulated elsewhere in the legislation.
France - Time Bars
18/01/2017
Press Release: UK P&I's David Nichol joins Greece team as Regional Loss Prevention Executive
18/01/2017
UK P&I's David Nichol joins Greece team as Regional Loss Prevention Executive
Colombia - Time Bars
18/01/2017
Navigate Colombian legal timelines effectively
Canada - Time Bars
17/01/2017
Canada is a federal state, in which law-making powers of the central (federal) Parliament and of each of the ten provinces are exclusive and respectively sovereign, and are assigned to one or other of the levels of government essentially according to subject-matter. Most particularly, the power to make laws in relation to "navigation and shipping" is assigned exclusively to the federal Parliament, and scope of this power is interpreted to include matters of contract, tort and agency "integrally connected with maritime matters ... in the modern context of commerce and shipping".
Belgium - Time Bars
17/01/2017
Time Bars under Belgian civil law and Belgian maritime law -
China - Time Bars
17/01/2017
The General Principles of Civil Law of China provides that a general 2-year time bar is applicable for civil claims (Art. 135, The General Principles of Civil Law). The time bar starts counting from the day on which the claimant knows or ought to know that his right is infringed (Art. 137, The General Principles of Civil Law). Under no circumstance should a People's Court support a claim which has exceeded 20 years from the date when the right is infringed.
A few Members have yet to apply for maritime labour convention certificates, the process of applying for certificates can be found here
The Ballast Water Management Convention 2004 will enter into force on 8 September 2017. The International Group has prepared an update and guidance on compliance with this Convention and with US BWM Regulations. Further updates and guidance will be provided as and when necessary.
China has ratified the Nairobi International Convention on the Removal of Wrecks 2007 and the Convention will enter into force in China from 11 February 2017. The Chinese MSA published a notice on the application procedure for WRC Certificates.
Argentina - Time Bars
16/01/2017
In Argentina all the matters concerning the navigation and trade by water are governed, mainly, by Argentinian Maritime Law (Nº 20,094). Where an issue it is not expressly contemplated therein - and it cannot be solved by analogy - the general law applies. This context entails some degree of ambiguity which affects, also, some of the time bars.