Prescription Trap? Continuation of Freezing the Legal Prescription in International Arbitration in Korean, Austrian, German and Swiss Context - ASA Bulletin View Prescription Trap? Continuation of Freezing the Legal Prescription in International Arbitration in Korean, Austrian, German and Swiss Context by - ASA Bulletin Prescription Trap? Continuation of Freezing the Legal Prescription in International Arbitration in Korean, Austrian, German and Swiss Context 35 1
The article explores the provisions on prescription under four civil law jurisdictions – Switzerland, Germany, Austria and Korea – in view of interruption or suspension of prescription effected by initiation of arbitral proceedings. It scrutinizes in particular whether and how a claim filed before an arbitral tribunal that lacks jurisdiction could be effectively supplemented by a subsequent filing in view of saving the claim from lapse of prescription.
ASA Bulletin