Courts ambiguously decide the question of calculating the term of limitation of recourse claim for carriers. The Supreme Court has recently formulated its legal position it now makes it difficult to restore carrier’s rights.
Often carrier carry a cargo via other company which also specializing on carry. In case if these company break or damage the cargo, carrier pay for losses a customer. Then the indicated carrier may go to court to exact of damages from company.
In 2018-year, Supreme Court of the Russian Federation heard two cases and indicated that carriers in these cases may go to court during one year. This period is calculated from a moment when customer learnt or could learn that the cargo is broke or damaged.
The article analyzes in detail the consequences of such a legal position of the Supreme Court, and concluded that it prevents the carrier from protecting its rights and legitimate interests in court. Read more about the position of the Supreme Court and its legal consequences in the full version of the document.
Author: Konovalov Evgeniy, junior associate in the dispute resolution practice of the Law Firm INTEGRITES.
The article was published in the journal “Arbitration Practice for lawyers” №12. December 2018. (paid material).