The Cross-Border Mediation (EU Directive) Regulations 2011

Amendments to the Foreign Limitation Periods Act 1984

29.  After section 1, insert—

“Extension of limitation periods because of mediation of certain cross-border disputes

1A.—(1) In this section—

(a)“Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters,

(b)“mediation” has the meaning given by article 3(a) of the Mediation Directive,

(c)“mediator” has the meaning given by article 3(b) of the Mediation Directive, and

(d)“relevant dispute” means a dispute to which article 8(1) of the Mediation Directive applies (certain cross-border disputes).

(2) Subsection (3) applies where—

(a)a limitation period prescribed by any law applicable by virtue of section 1(1)(a) relates to the subject of the whole or part of a relevant dispute,

(b)a mediation in relation to the relevant dispute starts before the period expires, and

(c)if not extended by this section, the period would expire before the mediation ends or less than eight weeks after it ends.

(3) For the purposes of initiating judicial proceedings or arbitration, the limitation period expires instead at the end of eight weeks after the mediation ends (subject to subsection (4)).

(4) If a limitation period has been extended by this section, subsections (2) and (3) apply to the extended limitation period as they apply to a limitation period mentioned in subsection (2)(a).

(5) For the purposes of this section, mediation starts on the date of the agreement to mediate that is entered into by the parties and the mediator.

(6) For the purposes of this section, a mediation ends on the date of the first of these to occur—

(a)the parties reach an agreement in resolution of the relevant dispute,

(b)a party completes the notification of the other parties that it has withdrawn from the mediation,

(c)a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request,

(d)after the parties are notified that the mediator’s appointment has ended (by death, resignation or otherwise), they fail to agree within 14 days to seek to appoint a replacement mediator,

(e)the mediation otherwise comes to an end pursuant to the terms of the agreement to mediate.

(7) For the purpose of subsection (6), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the mediation.

(8) In the case of any relevant dispute, references in this section to a mediation are references to the mediation so far as it relates to that dispute, and references to a party are to be read accordingly.

(9) This section is without prejudice to any enactment which has effect for the purposes of provisions—

(a)relating to limitation or prescription periods and

(b)contained in an international agreement to which the United Kingdom is a party.”.