Court of Appeal—the approach for applying a limitation period under a foreign law (In the matter of the Iraqi Civilian Litigation)

Article summary

Dispute Resolution analysis: The Court of Appeal has examined the effect of the Foreign Limitation Periods Act 1984 (FLPA 1984) whereby a court of England and Wales, in an action in which it must apply the law of another country, is bound by the law of that foreign country relating to limitation (FLPA 1984, s 1). Crucially, and as was demonstrated in this case by allowing the appeal, the interpretation of what laws are deemed to relate to limitation should be confined specifically to that country (FLPA 1984, s 4)—where a law of practice or procedure is invoked that affects the time bar but does not itself relate to limitation, the English court is not bound to apply it.