‘The Claim is Time-Barred’: The Proper Limitation Regime for International Sales Contracts in International Commercial Arbitration

Abstract

In an international commercial setting, in most cases parties to a sales contract add, albeit last minute, a choice of law and an arbitration clause. But they seldom, if at all, think of limitation periods that may bar their possible claims, and especially which law may be applied to this difficult and often crucial question. This fact burdens the arbitral tribunal with the difficult task of ascertaining the proper limitation regime for an international sales contract. This article examines the diversity of domestic rules in this field, compares them with international instruments regulating international sales of goods and limitation of actions, and analyses if and how arbitration rules give guidance to arbitrators in regard to the determination of the applicable and also, proper limitation regime for an international sales contract.