Kuwait Court of Cassation principle number 2090

Actions arising from a contract of carriage by sea. Their extinction after one year from the date of delivery of the goods or the date on which delivery should have taken place. Interruption of the running of prescription by a demand by letter accompanied by an acknowledgment - 401 - Obligation of receipt, by settlement negotiations, or by the appointment of an expert to assess damage, in addition to the grounds for interruption of prescription provided in the Civil Code. - A plea of prescription before the trial court. Requires it to examine its conditions, including the period and any interruption affecting it; it may, even of its own motion, declare prescription interrupted if the ground therefor exists. - Interruption of the period prescribed for barring the hearing of the action. Its effect. A new period equivalent to the first begins from the time the effect arising from the ground for interruption ends. The judgment’s ruling that the action is time-barred on the basis that the correspondence and negotiations between the parties have no effect in interrupting prescription and cannot constitute a ground therefor. A violation of the law and an error in its application requiring its cassation.