Kuwait Court of Cassation principle number 2624

Actions arising from a contract of carriage by sea. They lapse upon the expiry of one year from the date of delivery of the goods or from the date on which delivery should have taken place. The running of the limitation period is interrupted by a demand by letter with acknowledgment of receipt, by settlement negotiations, or by the appointment of an expert to assess damages, in addition to the grounds for interruption of limitation provided in the Civil Code. - A plea of limitation before the court of merits. It requires that court to examine its conditions, including the period and any - 496 - Civil Procedure interruption affecting it; it may, even of its own motion, determine that limitation has been interrupted if the ground therefor exists. - Interruption of the period prescribed for barring the hearing of an action. Its effect. A new period equivalent to the first begins from the time the effect resulting from the ground of interruption ends. A judgment basing its ruling that the action is time-barred on the ground that correspondence and negotiations between the parties have no effect in interrupting limitation and cannot constitute a ground therefor. A violation of the law and an error in its application requiring its cassation.