Kuwait Court of Cassation principle number 2467

Commencement of the period for extinguishment of proceedings during a stay pending determination of a preliminary issue. Its subjection to the same rules governing commencement of the period for lapse of proceedings. Application of the causes of suspension and interruption to the extinguishment period. The period required for the stay pending determination of a preliminary issue is the entire period taken to obtain judgment on the preliminary issue and for it to become final. Only the period preceding the bringing of the action concerning the preliminary issue before the competent authority and the period following the judgment therein becoming final are counted toward the extinguishment period. This period constitutes a period of extinctive prescription for the conduct of the proceedings themselves and for the right at issue. This prescription does not concern public policy. The interested litigant must invoke it. Forfeiture of the right thereto by express or implied waiver. Example. - 476 - Obligation