IRELAND Law and Practice Contributed by: Grainne Callanan, April McClements and Aisling Kavanagh, Matheson LLP
Limitation The general position under the Statute of Limitations Act 1957 is that claims for breach of contract must be brought within six years of the date of breach. Where a complaint is made to the FSPO, there is an extended limitation period applicable to complaints relating to “long-term financial services” (ie, those for which the maturity or term extends beyond five years and one month, or life assurance policies not subject to annual renewal) – otherwise a six-year rule applies. Following Brexit, on 1 July 2025, the Hague Con- vention on the Recognition and Enforcement of For- eign Judgments in Civil or Commercial Matters 2019 entered into force in the United Kingdom, facilitating the mutual recognition and enforcement of judgments obtained in the UK in Ireland in proceedings com- menced after that date. 9.4 Enforcement of Judgments For non-EU, non-Lugano Convention and non-Hague Convention judgments, an originating High Court summons is required to recognise and enforce a for- eign judgment, and the High Court must grant leave to issue and serve the proceedings. To succeed, a foreign judgment must be for a definite sum, be final and conclusive, and be handed down from a court of competent jurisdiction. The High Court may refuse to recognise and enforce a judgment on several grounds (eg, fraud, lack of jurisdiction) that are contrary to Irish law or the principles of natural justice. 9.5 Enforcement of Arbitration Clauses See 9.7 Alternative Dispute Resolution . 9.6 Enforcement of Awards See 9.7 Alternative Dispute Resolution . 9.7 Alternative Dispute Resolution Insurance disputes may also be resolved through ADR mechanisms such as mediation and arbitration. Arbitration Where an insurance contract contains an arbitration clause, a dispute must be referred for arbitration. However, consumers are not bound by an arbitration clause where the claim is less than EUR5,000 and the relevant policy has not been individually negotiated.
The Arbitration Act 2010 (the “2010 Act”) incorporates the UNCITRAL Model Law on International Commer- cial Arbitration. Under the 2010 Act, the decision of an arbitrator is binding on the parties and there is no means of appeal. Where parties have entered into valid arbitration agreements, the courts are obliged to stay proceedings. The 2021 High Court decision in Charwin Limited t/a Charlie’s Bar v Zavarovalnica Sava Insurance Compa - ny DD demonstrates that the bar is high when seeking to resist a referral to arbitration on grounds of public policy. Although arbitration may result in additional costs, there is the benefit of confidentiality. Ireland is party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”), allowing Irish arbitral awards to be enforced in any of the 157 countries party to the New York Convention. The courts can set aside an arbitral award under Arti- cle 34 of the 2010 Act, albeit on very limited grounds. The party seeking to have the arbitral award set aside must prove that either: • a party to the arbitration agreement was under some incapacity or the agreement itself was inva- lid; • the party making the application was not given proper notice of the arbitrator’s appointment or the arbitral proceedings (or was otherwise unable to present their case); • the award deals with a dispute outside the ambit of the arbitration agreement; • the arbitral tribunal was not properly constituted; • the subject-matter of the dispute is not capable of settlement by arbitration under the law of the State; or • the award conflicts with the public policy of the State. In the recent case of Flatley v Austin Newport Group Limited and Others , the High Court rejected the asser- tion that an arbitration clause in a consumer contract amounted to an “unfair term”, contrary to the provi-
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