Selected Cases by Article & Issues
Article 10.61 Cases
(1) The running of the limitation period is suspended when the obligee performs any act, by commencing arbitral proceedings or in arbitral proceedings already instituted, that is recognised by the law of the arbitral tribunal as asserting the obligee’s right against the obligor. In the absence of regulations for arbitral proceedings or provisions determining the exact date of the commencement of arbitral proceedings, the proceedings are deemed to commence on the date on which a request that the right in dispute should be adjudicated reaches the obligor.
(2) Suspension lasts until a binding decision has been issued or until the proceedings have been otherwise terminated.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Suspension of limitation periods by arbitral proceedings | 1 |
| 1.1 | When obligee performs any act recognised by law of arbitral | |
| 1.1.1 | By commencing arbitral proceedings | |
| 1.1.2 | In arbitral proceedings already instituted | |
| 2 | Commencement of arbitral proceedings | |
| 2.1 | According to express regulations | |
| 2.2 | Otherwise, to be deemed as commenced when request that right in dispute be adjudicated reaches obligor | |
| 3 | Suspension lasting until binding decision or proceedings terminated otherwise | |
| 3.1 | Meaning of “termination of arbitral proceedings” | |
| 3.1.1 | To be determined according to applicable rules on arbitration and civil procedure |