Application of Estoppel in the Calculation of the Limitation Period in International Contracts between Russian and European Legal Entities

Student: Karpenko Mariia

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

Recently, the mechanism of estoppel has become more and more popular in judicial practice. However, it remains poorly studied in legal doctrine. In practice, there are situations when one party tries to mislead the opposite party with a misrepresented intention for a peaceful settlement of the dispute. As a result, situations arise where limitation period for filing a claim has expired and no settlement has been reached. How should the court rule if the plaintiff missed the limitation period relying on such assurances from the other party and is it possible to apply estoppel in such a situation – the courts’ approaches to these problems are ambiguous. This paper analyzes foreign jurisdictions, in particular, England, Germany, France, Italy, Austria, and Switzerland, as well as Russia. At the end of the paper, the author suggests some ways to protect the interests of a Russian legal entity in such disputes.

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