Kuwait - Time Bars

Maritime LawNature of ClaimTime Bar
Claims arising out of contract of carriage-cargo claims against the carrier for damage/shortage, carrier claims against the cargo owners for freight, damage of his cargo to other cargoes or the vesselOne year from the date of delivering the cargo
Commercial LawNature of ClaimTime Bar
Claims arising outside the contract of carriage- demurrage, detention, storage, terminal costs10 years from the date of obligation
Civil LawNature of ClaimTime Bar
Tortious Claims3 years
Fraud5 years from the date of the crime
Latent damage claims - negligence excluding personal injury3 years from the date of determining who is responsible or from the date of injury
Personal Injury1 year from the date of injury

Staff Author

UK P&I

Date25/01/2017

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The purpose of the ICA is to avoid lengthy and costly litigation on matters of liability and apportionment, and instead seeks to provide a ‘rough and ready’ split of liability between the parties.  The Clubs recommend to their Members that they adopt the Agreement for the purpose of apportioning liability for claims in respect of cargo which arise under, out of or in connection with all charterparties on the NYPE Form 1946 or Asbatime Form 1981, whether or not this Agreement has been incorporated into such charterparties.  However, unless the ICA is specifically incorporated into the charterparty, it may not be enforceable.

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Since early 2019, vessels calling in Dakar have been at an increased risk of Customs fines and/or detention for cargo shortages or overloading.

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Time bars under contract of carriage in contract and in tort for both personal injury and latent damage claims are governed by the Libyan civil law as follows;

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The UK Club’s Correspondents in Brazil, Representacoes Proinde Ltda, have prepared the attached Practical Guidance on Cargo Claims in Brazil. This detailed guidance provides an explanation of the Brazilian legal system in Brazil, the country’s regulatory framework, how cargo claims in Brazil are handled, the applicable time bars, etc..  Members who trade to Brazil will no doubt find this guidance very helpful.  If Members have any questions relating to the content of this guidance, please do not hesitate to get in touch with your usual contact at the Club, or to contact the Correspondents directly.