FAQ
About the calculation.
General information only; the contract, the governing law and the facts may change the deadline.
What is a time bar?
A time bar is the period within which a claim must be brought, by issuing proceedings or commencing arbitration. Once it has expired, the claim is usually extinguished or unenforceable, however strong it is on the merits.
Which time bar applies to my cargo claim?
It depends on the mode of transport and the contract: the Hague-Visby Rules for most sea carriage under bills of lading, CMR for international road carriage, the Montreal Convention for most international air carriage and CIM for international rail. A charter party or the contract may also contain a shorter contractual time bar, such as a 90-day demurrage time bar.
Can a time bar be extended?
Under the Hague-Visby Rules and many contracts, the parties may agree in writing to extend time, and extensions should be obtained before expiry. The two-year period under the Montreal Convention is generally treated as an absolute bar that cannot be extended.
Is sending a claim letter enough to stop time running?
Usually not. Under most regimes time stops only when proceedings are issued or arbitration is commenced in the correct forum, or when a written extension is agreed. CMR is an exception: a written claim suspends the period until the carrier rejects it in writing.
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