Find the answers you must have about the foreign jurisdiction’s 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. 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 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 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 you’d be forced to formulate when dealing with the jurisdiction, including those you might not even think to ask.
Statute of Limitations in International Commercial Claims 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 or not 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.
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.
• What’s the time period for legal action on commercial debt? Is it different for written versus oral debts? 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? For how long? 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 you’re dealing with.
Covers 87 major and minor commercial jurisdictions globally
Three fast steps to effective action
1. Turn to the jurisdiction with which you’re dealing.
2. Find answers from a local expert to the specific questions that bear on your claim.
3. Contact the local expert for further information as required using the detailed contact information provided.
Limitation Periods in Canada General Overview
Canada – Atlantic | Canada – BC | Canada – Ontario | Canada – Prairies
Canada – Quebec
Statutes of Limitation for the Collection of Debts in the United States
US – California | US – Delaware | US – Florida | US – Georgia | US – Illinois
US – Louisiana | US - Massachusetts | US - Nevada | US – New York
US – Pennsylvania US – Texas
Argentina | Brazil | Cayman Islands | Ecuador | Jamaica | Mexico | Panama
Peru | Puerto Rico | Trinidad & Tobago | Uruguay | Venezuela
Armenia | Austria | Belarus | Belgium | Bosnia & Herzegovina | Bulgaria | Cyprus
Czech Republic | Denmark | England | Estonia | Finland | France | Germany
Greece | Hungary | Iceland | Ireland | Italy | Kosovo | Latvia | Lithuania
Luxembourg | Malta | Netherlands | Poland | Portugal | Romania | Serbia
Slovenia | Spain | Sweden | Switzerland
China | East Timor | Hong Kong | India | Indonesia | Japan | Malaysia | Pakistan
Philippines | Russia | Singapore | South Korea | Taiwan | Thailand | Vietnam
Egypt | Mozambique | Nigeria | South Africa
Israel | Kuwait | Lebanon | Saudi Arabia | Turkey | United Arab Emirates
• UNCITRAL Convention on the Limitation Period in the International Sale of Goods
• US 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 Québec?
• Tolling effect on statute of limitations
• Forum Shopping
Mediation and Arbitration
• Prescription as Related to Alternative Dispute Resolution
• Arbitral Awards and Limitation Periods
• Doctrine of Laches
• Extinctive prescription
• Statute of Limitations Related to the Federal Arbitration Act and New York
• 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