A time-bar (or a statute of limitations as known under common law jurisdictions) is a statutory time limit for the enforcement of a civil claim through legal proceedings.
As such a time-bar normally does not eliminate the claim, but it offers the other party an effective defence against its enforcement, thus it is a procedural barrier that can be invoked by the opponent. Hence, before deciding to commence a claim, it is paramount to determine the applicable time-bar in relation to the claim at hand.
Time bars in the United Arab Emirate are scattered all over its statues, and most of it can be found in the UAE Civil Code, to wit:
- Article 473 Civil Code contains the standard time-bar: Generally speaking any civil claim is time-barred after a time period of 15 years elapses from the moment of its existence;
- A tort action according to paragraph No. 1 of Article 298 of Civil Code will not be heard after the expiry of three years.
- According to Article 476 Civil Code set two years prescriptive period for the rights of any traders and craftsmen for things supplied by them to persons who are not dealing in such things (customers), and rights of hotel and restaurant owners for the cost of loading and boarding and all expenses born by them on behalf of their customers as well as the rights labourers, servants and hired men comprising daily and non-daily wages and cost of supplies.
- In Construction case, Article 883 Civil Code sets a three-year time-bar for any claims of damages the employer may have against the contractor.
- The time-bar related to air carrier cases is set by Article (370) of the Commercial Transactions Law which states that the legal right to bring legal action against the carrier in question or any of its subordinators will be expired after the lapse of two years.
- The UAE Maritime Code contains a number of specific time-bars, e.g. a one year time-bar in charter party claims (Article 224), two years in pilotage and towage claims (Articles 314 and 317), two years in marine collision claims (Article 326) and two years for marine insurance claims (Article 399).
Simplify the complexities of the Time Bar Rule with Al Adly & Co. Our expert team offers clear, customized legal solutions to protect your rights and resolve disputes with ease. Contact us today for trusted guidance tailored to your needs.