Eversheds International
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- Areas of expertise:
- Charterparties and Bills of Lading
- Collision and salvage
- International trade
- Logistics (multi-modal transport)
- Marine insurance - property, liability and defence
- Port and harbour law
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- Ship operating and management contracts
- Personal injury
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- What others say
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Time limits (in English law)
Claims under bill of lading
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General rule: six years from date on which cause of action accrued.
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Hague and Hague-Visby Rules: within one year after delivery of goods or date on which they should have been delivered (Article III (6)).
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Hamburg Rules: two years from delivery of goods or last day on which the goods should have been delivered (Article 20).
Claims under charterparties
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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
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Against colliding vessel: two years from date of collision.
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Against carrying vessel: see bill of lading and/or charterparty claims (above).
Salvage
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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).
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For claim by cargo to recover cargoís proportion of salvage from ship: see bill of lading and/or Charterparty claims (above).
General average
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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.
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By cargo against ship to recover cargoís proportion of General Average: see bill of lading and/or charterparty claims (above).
