- High Commercial Court of Ukraine
SUPPLY CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - APPLICATION OF THE UNIDROIT PRINCIPLES ACCORDING TO UKRAINIAN LAW - EXPLANATORY NOTE OF THE HIGH COMMERCIAL COURT OF UKRAINE OF 2008, STATING THAT UNIDROIT PRINCIPLES ENSHRINE THE TRADE CUSTOMS APPLIED IN UKRAINE.
APPLICATION OF UNIDROIT PRINCIPLES - ACCORDING TO COURT ONLY IF SO AGREED BY THE PARTIES.
In a dispute between two Ukrainian companies concerning a contract for the supply of lighting fixtures one of the parties invoked the application of the UNIDROIT Principles 1994 ed.
The Court, though acknowledging that the UNIDROIT Principles are considered by Ukrainian law to enshrine the international trade custom, that in the case at hand they were not applicable. In support of its decision the Court recalled that according to the Preamble of the UNIDROIT Principles they apply when the parties have agreed that their contract be governed by them, whereas in the case at hand this requirement was missing.
Note by Editor:
The Official Explanatory Note of the High Commercial Court of Ukraine of 2008 states that "Documents which enshrine the trade customs applied in Ukraine are: “Uniform Customs and Practice for Documentary Credits", 1993 edition (988_003); Principles of International Commercial Contracts (UNIDROIT Principles), 1994 edition (995_920); "Incoterms" The Official Rules for the Interpretation of Trade Terms of the "ICC", 2000 edition (988_007)".
Original in Ukrainian available at the Unified State Register of Court Decisions: http://www.reyestr.court.gov.ua/}}