Data

Date:: 25-01-2013
Country:: Arbitral Award
Number:: 91/2012
Court:: International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation
Parties:: --

Keywords

TELECOMMUNICATION SERVICE CONTRACT - BETWEEN A RUSSIAN COMPANY AND AN ENGLISH COMPANY - CONTRACT SILENT AS TO APPLICABLE LAW - ARBITRAL TRIBUNAL APPLIED GERMAN LAW TOGETHER WITH THE UNIDROIT PRINCIPLES

INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES

Abstract

Claimant, an English company, entered into a contract with Respondent, a Russian company whereby the latter was to provide telecommunication services. The Arbitral Tribunal decided to apply German law together with the UNIDROIT Principles of International Commercial Contracts. The Arbitral Tribunal made reference to Article 1.8 of the UNIDROIT Principles, which states that a party cannot act inconsistently with an understanding it has caused the other party to have and upon which that other party reasonably has acted in relience to its detriment.

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