PART VIENFORCEMENT OF PARTS III TO V
Period within which proceedings must be brought
F1Extension of time limits: mediation46A
1
Paragraph (2) applies where—
a
there is mediation in relation to a relevant cross border dispute giving rise to proceedings under this Order; and
b
the fixed period specified in relation to such proceedings by Article 46(1) to (4) (“the limitation period”) would, apart from this Article, expire—
a
in the period of 8 weeks after the date on which the mediation ends;
b
on the date on which the mediation ends; or
c
after the date on which all of the parties to the dispute agree to participate in the mediation but before the date on which the mediation ends.
2
Where this paragraph applies, the limitation period is extended so that it expires on the date falling 8 weeks after the date on which the mediation ends.
3
For the purposes of paragraph (1) and (2), a mediation in relation to a relevant cross-border dispute ends on the date of the first of these to occur—
a
all of the parties reach an agreement in resolution of the dispute;
b
all of the parties agree to end the mediation;
c
a party notifies all of the other parties of that party's withdrawal,
d
a period of 14 days expires after a request made by one party to another party for confirmation of whether the other party has withdrawn and the other party does not respond in that period, or
e
a period of 14 days expires after the date on which the mediator's tenure ends (by reason of death, resignation or otherwise) and a replacement mediator has not been appointed in that period.
4
In this Article—
“the Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21st May 2008 on certain aspects of mediation in civil and commercial matters;
“mediation” and “mediator” have the meanings given by Article 3 of the Directive; and
“relevant cross-border dispute” means a cross-border dispute within the meaning given by Article 2 of the Directive.