Civil Limitation Statutes and International Arbitration in Central Asia: not Business as Usual

Abstract

It is generally agreed that statutory limitations applicable to civil proceedings have no place in international arbitration proceedings, unless these have been specifically accepted by the parties; are imposed by mandatory laws, or; otherwise compelled by public policy. In equal measure, the process and recognition of enforcement awards should not be subjected to any statutory limitations, as such limitations are absent in the New York Convention and generally excluded by reference to transnational legal instruments, such as the uncitral Model Law. Investor and commercial actors operating in Central Asia should be cautious when embroiled in disputes with state entities because of the latter tend to protract and delay negotiations in order to impose statutory limitations to claims. It is imperative that upon commencement of negotiations foreign entities take appropriate measures to ensure that their claim is not undergoing a ticking time-ban. This may be achieved by serving the other party with an official notice as to the commencement of negotiations and a statement that this is not a substitute of a civil suit or arbitral proceedings. Equally, one of the parties may trigger arbitral proceedings but ask the arbitrators to suspend all hearings until after the termination of negotiations.