ADR.GE

Not every clock here can be stopped.

Four conventions, four different periods, and they do not behave the same way. Some are limitation periods that a written claim suspends. Others extinguish the right outright, and no letter, however prompt, brings it back. Read the kind before you read the number.

Two kinds of clock

Limitation
The action is barred but the underlying right survives. The period can generally be suspended or interrupted, so a written claim buys time.
Extinction
The right itself ends. The period generally cannot be suspended, and a late claim is not saved by the strength of the case behind it.
RegimeLimitKind of clock
Road (CMR)1 yearLimitation
Rail (CIM)1 yearLimitation
Rail (SMGS)9 monthsExtinction
Air cargo (Montreal)2 yearsExtinction

Road (CMR)

1 year

A written claim suspends the period until the carrier rejects it in writing and returns the documents. This is the only clock on this page you can stop by writing a letter, and the extension to three years for wilful misconduct is the widest relief any of these conventions gives.

Kind of clock
Limitation
Can a written claim stop it?
Yes
Pre-claim to the carrier
Not compulsory

Rail (CIM)

1 year

One year for the action itself. But Article 47 sets separate seven-day and sixty-day windows that extinguish the right independently, and meeting the one-year period does not save a claim that missed one of them.

Kind of clock
Limitation
Can a written claim stop it?
No
Pre-claim to the carrier
Not compulsory
Separate windows to watch
Seven days and sixty days, both extinguishing

Rail (SMGS)

9 months

Nine months, with no extension for wilful misconduct and no suspension. A pre-claim to the carrier is compulsory before proceedings. Assignment of claims is prohibited, which blocks a subrogated underwriter from bringing the claim in its own name.

Kind of clock
Extinction
Can a written claim stop it?
No
Pre-claim to the carrier
Compulsory before proceedings

Air cargo (Montreal)

2 years

Two years, and the right is extinguished rather than barred. The period is generally not capable of being suspended or interrupted, which makes it the least forgiving clock of the four.

Kind of clock
Extinction
Can a written claim stop it?
No
Pre-claim to the carrier
Not compulsory

This page is about the date that can end your claim before it is ever heard. It is not how long the arbitration itself takes.