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Time limits (in English law)

Claims under bill of lading

  • General rule: six years from date on which cause of action accrued.
  • Hague and Hague-Visby Rules: within one year after delivery of goods or date on which they should have been delivered (Article III (6)).
  • Hamburg Rules: two years from delivery of goods or last day on which the goods should have been delivered (Article 20).

Claims under charterparties

  • General rule: six years from date on which cause of action accrued.

NOTE: Clause paramount may incorporate Hague-Visby or Hamburg Rules into charterparty in which case one or two years respectively would be time limit.

NOTE: Charterparty may have specific clause limiting time further, eg Centrocon arbitration clause requiring claims to be made within three months.

Collision

  • Against colliding vessel: two years from date of collision.
  • Against carrying vessel: see bill of lading and/or charterparty claims (above).

Salvage

  • For claim by salvor against ship and/or cargo: two years from date of salvage services (Section 8 Maritime Conventions Act 1911) or from date salvage services terminated (LOF and Article 23 London Salvage Convention 1989).
  • For claim by cargo to recover cargoís proportion of salvage from ship: see bill of lading and/or Charterparty claims (above).

General average

  • By ship against cargo: six years from date on which cause of action accrued (Section 5 Limitation Act 1980) unless bill of lading or charterparty (if applicable) imposes a shorter time limit.
  • By cargo against ship to recover cargoís proportion of General Average: see bill of lading and/or charterparty claims (above).