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Chapter 13 Time for Suit

Rotterdam Rules: A Practical Annotation

13 Time for Suit Article 62. Period of time for suit 1. No judicial or arbitral proceedings in respect of claims or disputes arising from a breach of an obligation under this Convention may be instituted after the expiration of a period of two-years. 2. The period referred to in paragraph 1 of this article commences on the day on which the carrier has delivered the goods or, in cases in which no goods have been delivered or only part of the goods have been delivered, on the last day on which the goods should have been delivered. The day on which the period commences is not included in the period. 3. Notwithstanding the expiration of the period set out in paragraph 1 of this article, one party may rely on its claim as a defence or for the purpose of set-off against a claim asserted by the other party. NOTES [62-01] Notice of claim. The provisions on notice in case of loss, damage or delay are dealt with under Article 23 of the Rotterdam Rules 1 and not in the same provision as the time bar, 2 as is the case under Article III rule 6 of the Hague-Visby Rules.

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