Section 26 — Time bar

Unless otherwise expressly agreed by the parties to a multimodal transport contract, no action in a court or arbitral proceedings relating to the international multimodal transport of any goods that are the subject of the contract may be brought unless the action or proceedings is or are instituted —

(a)within a period of 9 months after the delivery of the goods that are the subject of the contract; or

(b)if the goods have not been delivered, within a period of 9 months —

(i)after the date on which the goods should have been delivered; or

(ii)after the date on which, in accordance with section 15(6), failure to deliver the goods would give the consignee of the goods the right to treat the goods as lost.