Kuwait Court of Cassation principle number 1458

Granting or refusing a request to stay proceedings pending determination of a preliminary issue. When the court orders it. - Commencement of the period for extinction of proceedings during a stay pending determination of a preliminary issue. It is subject to the same rules governing commencement of the period for lapse of proceedings. Grounds for suspension and interruption apply to the extinction period. The period necessary for the stay pending determination of a preliminary issue is the entire period taken to obtain a judgment on the preliminary issue and for it to become final. Only the period preceding the bringing of the action on the preliminary issue before the competent authority and the period following the judgment therein becoming final are counted towards the extinction period. This period is considered a limitation period extinguishing the proceedings themselves and the right forming the subject of the litigation. This limitation does not concern public order. The interested litigant must invoke it. The right to invoke it is lost by express or implied waiver. Example.