Applicable Law, Governing Law, Lex Arbitri, lex contractus, Lex Fori, Limitation period, Place of arbitration, Procedure, Seat of the arbitration, Substantive Law

(Francis Burt Chambers)/ /1 Comment

Part One of this blog post discussed how uncertainty can arise in determining the Limitations laws that apply in international commercial arbitration proceedings. Part Two will now discuss some potential solutions.   One Solution The United Kingdom modified the traditional common law approach with the enactment of the Foreign Limitation Periods Act 1984 (UK), which…

Applicable Law, Governing Law, Lex Arbitri, lex contractus, Lex Fori, Limitation period, Place of arbitration, Procedure, Seat of the arbitration, Substantive Law

(Francis Burt Chambers)/ /Leave a comment

This two-part blog post discusses applicable limitation laws, i.e., legislation purporting to limit the time period within which claims in international commercial arbitration proceedings must be commenced (Limitation laws). It raises questions regarding how arbitral tribunals ought to decide whether to apply such Limitation laws and whether attempts to classify them as matters of ‘substance’…