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Time-Bar Clause

A clause in a contract which sets a strict deadline within which either party may bring a dispute to either a court or to arbitration.

A frequent feature of arbitration agreements, a time-bar clause sets a deadline of, for example, three months or less, within which if a party has not submitted a written claim for arbitration, any such claim is deemed waived and absolutely barred.

Such a clause replaces whatever limitation periods may be set out in a law of general application, a statute of limitations. Time-bar clauses typically impose much shorter time frames.

An example of a specific time-bar clause is the Centrocon Clause.

Jurists split hairs over time-bar clauses that, after a period of time, vitiate a claim as opposed to those which merely act as a deadline within which to make a claim. Since an arbitration agreement by definition ousts the jurisdiction of a court of law to resolve a given dispute, the distinction ought to be purely academic as the dramatic result to a claimant is the same in either case.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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