Kuwait Court of Cassation principle number 40

The State of Kuwait's reservation concerning the maximum compensation for loss of or damage to goods prescribed by the Brussels Convention, increasing it to 250 Kuwaiti dinars. Kuwait's reservation applies in its substance to all states except those that objected to it in accordance with the applicable rules of public international law established in the Vienna Convention, to which the State of Kuwait acceded by Law No. 27 of 1975. Agreement to assess compensation at an amount below the aforementioned amount. It must be increased to that amount. The Brussels Convention, coupled with the reservation in this case, set a limit for loss and damage where the bill of lading did not include a statement of their kind and value. Proof that the actual damage is below that limit. Compensation must be assessed on the basis of the gain accruing to the creditor and the loss the creditor missed. Its implication. That the carrier's liability be equal to the actual damage.