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The Temporal Jurisdiction of International Tribunals by Gallus, Nick (4th May 2017)

4 Temporal Jurisdiction over Acts before the Period of Limitation

From: The Temporal Jurisdiction of International Tribunals

Nick Gallus

Arbitrability — Time limitations (and jurisdiction) — International courts and tribunals, procedure — Statutory limitations — Extinctive prescription (and admissibility) — Arbitral agreements

Regardless of the date of entry into force of the obligation allegedly breached, or of the acceptance of its jurisdiction, a tribunal might not hear a claim if it was brought too long after the challenged act, commonly referred to as a ‘time limit’ or ‘time bar’ on a claim, or an application of a ‘statute of limitations’. This chapter addresses the effect of treaty provisions that prevent a tribunal from hearing delayed claims. It addresses the effect of all such provisions, even though some affect the admissibility of a claim rather than the tribunal’s jurisdiction. The chapter then examines whether, in the absence of a treaty provision that limits a tribunal’s ability to hear a delayed claim, general principles of law impose a similar restriction.

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