Time Bar Extension Agreement

ExamplesThis is an example of a wording that is not recommended: “We grant you a 3-month extension of time, up to and including, from your above claim.” Who: who grants the above extension and to whom? This is not said and could easily create confusion and quarrels. The name of the party granting the extension and the name of the party to which the extension is granted must always be indicated. When: The length of the extension and the date it expires are specified. It is ok. Which: The text refers to “your statement above.” This may be acceptable if the title of the communication correctly identifies the “claim above.” “Correct” means at least:- the date of the contract (usually the bill of lading or the charter party); – the number (s) of the goods;- the amount of the claim;- the loading;- the type of claim. In accordance with Section 12 (3) (b) of the 1996 Arbitration Act, it was the behaviour of the owners that must have made it unfair to respect the interests of the summons at the start of the arbitration. If you insist on a complete, specific and clear question, which, if the deadlines extension agreements are concluded, you will rinse the basic facts and you will have a precise and unequivocal extension of the deadline agreement. This can avoid long and costly conflicts and sometimes subsequent litigation. Two years from the date of the passenger`s disembarkation – a strict chronology. In the Tribunal`s view, however, it would only be a matter of extending the period following a request by a party in a charter chain to an S12 application “if the applicant acted quickly and economically appropriately to initiate proceedings”, after learning that a right is invoked above or below the chain. Two of the three applicants did not act quickly and economically appropriately. The relevant factors were (i) if a party reviewed the deadline (either by the operational staff who audited the contracts, or whether they informed the company`s legal department or the company`s P-I club and sought urgent advice). (ii) the manner in which a party appointed lawyers and appointed an arbitrator; and (iii) when it sent a new notification from the bottom of the chain and requested an extension.

The explicit text of the deadlines is evolving in light of the increasing jurisprudence on chronology and the increasing use of digitization in the construction industry.