Question juridique clé
Whether the claim under the indemnity clause was time-barred under Art. 127 or 128 OR
Solution extraite
A ten-year limitation period under Art. 127 OR applied; Art. 128 Ziff. 3 OR did not.
Motifs extraits
The claim was not a lawyer's professional fee claim but damages based on an indemnity clause for a fiduciary board member. Limitation started only when the loss occurred in 1995, so the 2005 action was timely.