Kuwait Court of Cassation principle number 2329

Force majeure occurring during the period specified for performance of the obligation. Regarded as a supervening circumstance rendering performance impossible and extinguishing the debtor's obligation without his bearing the consequences of non-performance. - Temporary impossibility. Its effect. Confined to suspending performance of the obligation until it becomes capable of performance, and does not extinguish it. Conditions thereof. - The bank's obligation towards the beneficiary under a letter of guarantee. Limited to the letter's validity period or renewal period. Its extinction by force majeure rendering its performance impossible at the end of its term. Suspension of the letter's validity period throughout the duration of force majeure. Its incompatibility with the purpose for which the obligation came into being.