单词 | Time bar |
释义 | 時限/訴訟時限 A clause or condition which limits the time within which an action may be taken under a contract. For example, arbitration agreements may contain a clause which requires a certain act to be completed within a specified period, and which provides that if that act is not done, either the claim or the ability to commence an arbitration will be barred. There are two types of contractual time-bar: claim-barring clause, and remedy-barring clause. ‘Claim-barring clauses’, which bar the claim, operate in the same way as a statutory time-bar: Alma Shipping Corp v Union of India, The Astraea [1971] 2 Lloyd’s Rep 494. If the act required by the clause is not done, the claimant cannot succeed on his substantive claim. ‘Remedy-barring clauses’, which bar the ability to commence an arbitration, do not have the effect of barring the substantive claim: Hardwick Game Farm v Suffolk Agricultural and Poultry Producers’ Assn Ltd (HL) [1968] 1 Lloyd’s Rep 547; [1969] 2 AC 31, [1964] 2 Lloyd’s Rep 227. The claimant may still pursue that claim through other avenues, such as the High Court, but may not commence an arbitration. Reference in the Rules of the High Court to extending a time-bar must apply to extending a procedural limit only: Win’s Marine Trading Co v Wan Hai Lines (HK) Ltd [1999] 3 HKC 701. Provided it is clearly expressed and unequivocal, a time bar will be given effect: Aries Tanker Corp v Total Transport Ltd [1977] 1 All ER 398, 1 WLR 185 (HL). See also Arbitration. |
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