In the Statute of Limitation report created by the LNI Dispute Resolution Group we consider the question ‘may a party decide to waive the application of the statute of limitation?’
The report discusses the Statute of Limitation rules applicable in the various jurisdictions of its members. providing a high-level comparison of the Statute of Limitation (prescription) rules applicable in a number of jurisdictions around the world and considers some key questions.
You can read the full report here: LNI Statute of Limitation Report
May a party decide to waive the application of the statute of limitation?
Each country has its own specificities or exceptions where a waiver is possible or not (please refer to the Country Reports for more details). The general rules are represented in the table below:
| WAIVER OF THE STATUTE OF LIMITATION | ||
| Jurisdiction: | Anticipatory waiver | Waiver after the occurrence |
| Austria, Belgium, Bulgaria, France, Luxembourg, Netherlands, Serbia, Sweden | Not possible
|
Possible |
| Brazil, England and Wales, Germany, Spain, Switzerland | Possible | Possible |
| China, India, Turkey | Not possible | Not possible |
For more details, please refer to the Country Reports in the full report:
Statute of limitation: A multi-jurisdiction comparative study
The report which outlines the main trends and variations on the statute of limitation also includes country reports from the members in the LNI Dispute Resolution Group in Australia, Belgium, Brazil, Bulgaria, China, England and Wales, France, Germany, India, Luxembourg, Netherlands, Serbia, Spain, Sweden, Switzerland, and Turkey.
Specific queries should be addressed to the relevant LNI Members in the respective jurisdictions.
