Product Details
978-0-7798-7250-3
Book
Approximately 900 pages
1 volume bound
softcover
2016-08-30
Carswell

Can We Help?

If you need assistance, please call us at (416) 609-3800 (Toronto & international) / 1-800-387-5164 (toll free Canada & US).

We will be glad to assist you.

Statute of Limitations in International Commercial Claims
By: David Franklin, Ad.E.
Availability: In Stock
$141.00
Description

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.

 

Immediately learn:

• 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.

 

 

Americas

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

 

Europe

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

 

Oceania

Australia

 

Asia

China | East Timor | Hong Kong | India | Indonesia | Japan | Malaysia | Pakistan

Philippines | Russia | Singapore | South Korea | Taiwan | Thailand | Vietnam

 

Africa

Egypt | Mozambique | Nigeria | South Africa

 

Middle East

Israel | Kuwait | Lebanon | Saudi Arabia | Turkey | United Arab Emirates

 

Specialty Articles:

 

International Conventions

• 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

• Tolling effect on statute of limitations

 

Forum Shopping

• Forum Shopping

 

Mediation and Arbitration

• Prescription as Related to Alternative Dispute Resolution

• Arbitral Awards and Limitation Periods

 

Laches

• Doctrine of Laches

• Extinctive prescription

 

Special Topics

• Statute of Limitations Related to the Federal Arbitration Act and New York

 

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

 

 

About the Author
David Franklin, Ad.E., graduated from McGill University in 1959 and is senior partner of the Montreal law firm of Franklin & Franklin (www.franklinlegal.com). David concentrates on international commercial debt recovery. He has been Chairman of various international law conferences including China, London, Amsterdam and Dublin. David has given lectures in over 20 countries and has written numerous articles on international commercial debt recovery. He is the author of several books on debt recovery including Statute of Limitations in International Commercial Claims, International Commercial Debt Collection (Carswell) and co-author of International Commercial Secured Transactions (Carswell). He is a member of the Quebec Bar, the Canadian Bar Association, the International Bar Association and the New York State Bar Association. He is also a member of the Commercial Law League of America and the International Association of Commercial Collectors. He is the recipient of the honorific title of Advocate Emeritus from the Quebec Bar for his outstanding contribution to the legal community. For 45 years he has taught law at the John Molson School of Business at Concordia University in Montreal. He served as the Honorary Consul of Iceland in Montreal from 2001 to 2015.