The Proper Limitation Regime for Transnational Sales Contracts in International Commercial Arbitration

Abstract

The following dissertation addresses the question of how the relevant limitation period for international sales contracts can be determined in international arbitration proceedings. However, the evaluation of the relevant – and appropriate – limitation regime for international sales contracts in international arbitration can hardly be described as a straight “gateway to justice” – as N H Andrews generally qualified the law on limitation. Instead, one of the “most important and beneficial of legal institutions”, in the words of Friedrich Carl von Savigny, is proving difficult to clarify in the ordinary dispute resolution process of the international trade community – or more precisely, in international arbitration proceedings. This observation is primarily distressing because arbitration proceedings are commended for their accuracy, efficiency and predictability. Additionally, it must be considered that the primary aim of limitation periods is to provide certainty by warding off delicate problems of evidence and long drawn-out processes. However, the dissertation develops proposals and establishes parameters according to which the proper limitation regime for international sales contracts can be satisfactorily determined. Underlying idea of these proposals is the conviction that disputes arising from international sales contracts must be decided in accordance with international rules. Consequently, the dissertation argues that the UNIDROIT Principles 2004 and the UN Limitation Convention 1974 apply best to the present question.