Data

Date:
05-06-2009
Country:
Russian Federation
Number:
A56-56366/2008
Court:
Thirteenth circuit arbitrazh court of appeal
Parties:

Keywords

LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO RUSSIAN COMPANIES – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE LAW (RUSSIAN LAW).

NOTION OF FORCE MAJEURE – REFERENCE TO ARTICLE 7.1.7 OF UNIDROIT PRINCIPLES

Abstract

Two Russian companies entered into an agreement for the supply of goods. When one of the parties failed to perform its obligations it invoked a case of force majeure as an excuse for its non-performance. The Court excluded the existence of an exempting event and in support of its decision the Court referred to both Article 401(3) of the Russian Civil Code and Article 7.1.7 of the UNIDROIT Principles.

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