Statute of Limitations in International Commercial Claims

Details and specs

Find the answers you must have about the foreign jurisdictions limitations. Drawing on advice from local experts worldwide, this new book is a practical, comprehensive, and essential resource for every commercial lawyer or company working internationally.

The author submitted a detailed questionnaire to local experts in 87 major and minor commercial jurisdictions in the Americas, Europe, Oceania, Asia, Africa, and the Middle East. Franklin, a commercial litigator and debt recovery expert, asked the key questions youd be forced to formulate when dealing with the jurisdiction, including those you might not even think to ask.

The book alerts you to the potential inquiries and issues you may face. The questionnaire not only spans key elements such as the problem of different time periods, and whether such periods are affected by the nature of the cause of action, but also outlines matters that may be considered prior to an action being brought, for example, how the time period may be interrupted, what constitutes an acknowledgement of debt, and bankruptcy and fraud.

Statute of Limitations in International Commercial Claims allows you to:

• Advise clients on when to start actions for their debt claims in another jurisdiction
• Decrease trade risk by keeping yourself and the clients informed about global limitation periods
• Protect your international dealings by avoiding time-barred claims
• Guard against professional misconduct in cases spanning multiple jurisdictions
• Directly approach local experts for further information using the contact information provided

The questions alone give you an important edge. The expert answers provide immediate guidance to determine the actions you must take to protect your client.

• Whats the time period for legal action on commercial debt, is it different for written versus oral debts, and when does it begin to run
• Are there categories of commercial debt with different limitations
• How may the statute of limitations be prevented from running
• What is the effect of an acknowledgement of the debt by the debtor, does it interrupt the time period, and for how long and how specific must the acknowledgment of the debt by the debtor be
• Which limitation period applies to a debt owed by someone - resident outside your jurisdiction, the law of the jurisdiction of the debtor or that of the contract or the creditor

Find the answers to these and many more questions for the jurisdiction youre dealing with. It covers 87 major and minor commercial jurisdictions globally. The three benefits this title provides you are:

• Turn to the jurisdiction with which youre dealing
• Find answers from a local expert to the specific questions that bear on your claim
• Contact the local expert for further information as required using the detailed contact information provided

Americas:

• Limitation periods in Canada general overview
• Atlantic provinces, B.C., Ontario, Prairie provinces, and Quebec
• Statutes of limitation for the collection of debts in the United States

Specialty articles include:

International conventions

• United Nations Commission on International Trade Law (UNCITRAL) convention on the limitation period in the international sale of goods
• U.S. participation in UNCITRAL

Pursuing a time-barred claim

• Time-barred debts
• Is starting an action for a prescribed claim a violation of the Code of Professional
• Conduct of advocates in Quebec

Tolling

• Tolling effect on statute of limitations

Mediation and arbitration

• Prescription as related to alternative dispute resolution
• Arbitral awards and limitation periods

Laches

• Doctrine of laches
• Extinctive prescription

Convention

• Claims for damages against a carrier in Quebec
• Contractual time limits in confidentiality agreements
• Trustee recourses
• Limitation of actions prescription periods the Bills of Lading model
• Statute of limitations for carriers of goods

Other topics include:

• Statute of limitations related to the Federal Arbitration Act and New York
• Forum shopping