Limitation of Actions

Abstract This chapter analyses the rules governing limitation of actions in international commercial contracts, comparing domestic approaches, the UNCITRAL Limitation Convention (LC), and the PICC. It highlights the significance of limitation periods for legal certainty and explores differences between civil and common law systems. The chapter examines how the CISG indirectly impacts limitation periods through Article 39(2) CISG and the conflicts this creates with domestic law. It details the LC’s uniform four-year period, its commencement, suspension, and acknowledgement rules, and the PICC’s more flexible, two-tier system combining a knowledge-based period and a long-stop maximum. It also addresses how parties can agree to modify limitation periods within defined boundaries, balancing party autonomy with fairness. Finally, the chapter considers how acknowledgment, waiver, and agreements after expiry affect limitation, and the interaction between uniform instruments and domestic law.