Tag archives: Time-bar

Extension of time for arbitration for undue hardship

By Patrick Bracher (ZA) on February 16, 2020 Posted in Drafting tips

Section 8 of the Arbitration Act 1965 allows a court to extend the period allowed for arbitration in terms of an arbitration agreement if ‘undue hardship would otherwise be caused’. The Johannesburg High Court held that it would cause ‘undue hardship’ to refuse to extend a time-bar in circumstances where the events that caused the … Continue reading

Offers of settlement and time-bars in insurance policies

By Donald Dinnie on January 8, 2020 Posted in Insurance

In South Africa, for example, under the Policyholder Protection Rules or the Short-term Ombud’s Rules the running of statutory prescription and time-bar limitation periods provided for in an insurance policy may be suspended while a dispute is resolved. German law also provides for some circumstances in which the limitation period in an insurance coverage dispute … Continue reading

One hundred and eighty day period for court review not extended

By Patrick Bracher (ZA) on October 26, 2018 Posted in General

The supreme court of appeal refused to extend the 180 day period for court review proceedings to challenge administrative action by the Free State Gambling and Liquor Authority because there was no reasonably satisfactory or acceptable explanation for the delay. In the absence of any proper explanation for the delay the court refused to grant … Continue reading

Two year insurance time-bar upheld (US)

By Patrick Bracher (ZA) on September 26, 2017 Posted in Insurance

A Delaware court upheld a two year time-bar in relation to a property damage insurance claim arising from Superstorm Sandy because the action was instituted more than two years after the 2012 event and after coverage was denied by the insurer in 2013. The limitations clause provided that ‘no suit, action or proceeding for the … Continue reading