Kuwait Court of Cassation principle number 2726

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 required for the stay pending determination 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 count toward the extinction period. This period constitutes an extinctive limitation period for the conduct of the proceedings themselves and for the right in dispute. This limitation does not relate to public policy. The interested litigant must invoke it. The right to it lapses through express or implied waiver. Example. - 523 - Civil Procedure