Kuwait Court of Cassation principle number 3040

The liability of the carrier and the vessel for loss or damage. Its discharge if the action is not brought within one year after delivery or from the date on which delivery should have occurred. This period is regarded as a prescription period, not a forfeiture period, and is subject to the general rules relating to suspension and interruption of prescription. Its interruption by a demand made by a letter accompanied by acknowledgment of receipt, by settlement negotiations, by appointment of an expert to assess damage, and by acknowledgment. - Interruption of the prescription period specific to the carrier’s liability for loss and damage under the Brussels Convention. Commencement of a new period of the same length. For the new period to be fifteen years. Two cases. Exhaustively specified. - Prescription of actions arising from a contract of carriage by sea after a period of one year. It does not fall within the exceptional cases set out in the second paragraph of Article 450 Civil. - 518 - Commercial