This blog briefly discusses the topic of time extensions under Dutch transport law and by doing so we shall mention some legal generalities, possible issues regarding extensions and underlying power of attorney and also take reference to Dutch case law covering this topic.<\/p>\n
Characteristic of transport law are the relatively short time bars compared to common private law, with the understanding that in general most claims in transport law lapse after one to two years and under Dutch common private law generally after five years for claims arising from contractual breach or extra-contractual tort.<\/p>\n
A common way to extend these short time bars in transport law is by requesting (and hopefully obtaining) extensions of time on behalf of the cargo interests in order to negotiate an amicable settlement, thus without the need of serving a Writ in order to safeguard any time bar. Such time extensions are in themselves of a contractual nature and parties therefore have contractual freedom regarding the nature, scope and conditions of such time extensions.<\/p>\n
In addition, under Dutch law, contractual agreements such as time extensions are also based on the so-called \u201cHaviltex\u201d criteria, which essentially boils down to the mutual intentions and reasonable expectations of the parties vice versa and are therefore not only based on the linguistic interpretation of the (conditioned) time extension.<\/p>\n
What is also sometimes a tricky point in transport law within the context of time extensions, concerns the entitlement to claim and the possible underlying power of attorney to request a time extension on behalf of the correct (read: entitled party) party. Because it is sometimes not exactly clear in advance who the party entitled to claim is (think of a series of endorsed \u201cto order\u201d bills of lading), it is advisable that requests for time extensions are requested by or on behalf of the cargo interested parties (plural). Furthermore, it is also advisable that in the event of a request for time extension by e.g. a surveyor, recovery agency or law firm, the power of attorney is already provided to the carrier prior to or during the request for time extension. Nevertheless, it is in principle also permitted under Dutch law for a power of attorney to be ratified after granting of the extension with retroactive effect by the grantor of the power of attorney.<\/p>\n