SELECTED CASES BY TYPE OF CONTRACT INVOLVED

KEYWORD Count of Cases
ADMINISTRATIVE CONTRACTS 11
AGENCY CONTRACT 6
ARBITRATION AGREEMENT 6
ASSIGNMENT CONTRACT 1
BANK GUARANTEE 2
BARTER AGREEMENT 2
BUILD-OPERATE-TRANSFER (BOT) CONTRACT 1
BUSINESS PURCHASE AGREEMENT 1
CONCESSION CONTRACT 3
CONSORTIUM AGREEMENT 2
CONSTRUCTION AND MAINTENANCE CONTRACT 1
CONSTRUCTION AND MANAGEMENT CONTRACT 1
CONSTRUCTION CONTRACT 23
CONSULTING CONTRACT 2
CONTRACT FOR SUPPLY AND INSTALLATION 1
CONTRACT FOR SUPPLY, INSTALLATION AND MAINTENANCE 1
CONTRACT FOR TRANSFER OF FOOTBALL PLAYER 1
CONTRACT OF CARRIAGE OF GOODS 3
CONTRACT ON TECHNOLOGY EXCHANGE AND TECHNICAL COOPERATION 1
COOPERATION AGREEMENT 2
DEVELOPMENT AGREEMENT 3
DISTRIBUTION AGREEMENT 18
EASEMENT CONTRACT 3
EMPLOYMENT CONTRACT 2
EXPLORATION AND EXPLOITATION AGREEMENT 1
INSURANCE CONTRACT 4
INTER-FIRM AGREEMENT 1
JOINT-VENTURE AGREEMENT 4
LAND USE CONTRACT 1
LEASE CONTRACT 15
LICENSING AGREEMENT 8
LICENSING AND JOINT RESEARCH AGREEMENT 1
LICENSING AND SERVICE AGREEMENT 1
LOAN AGREEMENT 11
LONG-TERM CONTRACTS 142
MARKETING AGREEMENT 1
MEDIATION AGREEMENT 1
MEMORANDUM OF UNDERSTANDING 5
PRE-BID AGREEMENT 1
PRODUCTION SHARING AGREEMENT 1
SALES CONTRACT 132
SATELLITE CONTRACT 3
SERVICE CONTRACT 36
SETTLEMENT AGREEMENT 9
SHARE OPTION AGREEMENT 1
SHARE PURCHASE AGREEMENT 11
SHAREHOLDERS AGREEMENT 2
STATE CONTRACTS 33
SUPPLY CONTRACT 41
TRANSPORT CONTRACT 4

SELECTED CASES BY NATIONALITY OF THE PARTIES

KEYWORD Count of Cases
AFRICAN 4
ALGERIAN 1
ARGENTINIAN 14
AUSTRALIAN 16
AUSTRIAN 9
BAHAMIAN 1
BELGIAN 5
BELORUSSIAN 7
BERMUDIAN 1
BRAZILIAN 9
BRITISH VIRGIN ISLAND 1
BULGARIAN 1
CANADIAN 10
CENTRAL EUROPEAN 1
CHILEAN 1
CHINESE 33
COLOMBIAN 5
CONGOLESE 1
COSTA RICAN 5
CYPRIOT 6
CZECH 1
DANISH 3
DUTCH 21
DUTCH ANTILLEAN 1
EAST ASIAN 1
EASTERN EUROPEAN 6
ECUADORIAN 1
EGYPTIAN 1
ENGLISH 33
ESTONIAN 2
EUROPEAN 46
FINNISH 1
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO) 1
FOOTBALL ASSOCIATION OF WALES 1
FRENCH 35
GEORGIAN 1
GERMAN 21
GERMAN DEMOCRATIC REPUBLIC 1
GIBRALTAR 1
GREEK 4
HONG KONG 3
HUNGARIAN 3
INDIAN 8
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT (IFAD) 1
INTERNATIONAL ORGANIZATION 3
IRANIAN 10
IRAQI 1
ISRAELI 1
ITALIAN 37
IVORIAN 1
JAPANESE 5
KAZAKH 5
KOREAN 4
KUWAITI 2
KYRGYZ 1
LATIN AMERICAN 1
LEBANESE 3
LIBYAN 1
LIECHTENSTEIN 5
LITHUANIAN 16
LUXEMBOURG 1
MARSHALLESE 1
MEMBER FIRMS OF THE ANDERSEN WORLDWIDE ORGANIZATION 1
MEXICAN 4
MIDDLE EASTERN 4
MOLDAVIAN 1
MOROCCAN 1
NEW ZEALAND 5
NIGERIAN 1
NORTH AFRICAN 1
NORTH AMERICAN 1
NORWEGIAN 2
PAKISTANI 1
PANAMANIAN 1
PARAGUAYAN 18
PHILIPPINE 2
PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES 7
POLISH 10
PORTUGUESE 3
PUERTO RICAN 1
ROMANIAN 5
RUSSIAN 95
Arbitral Award
ICC International Court of Arbitration, Paris 8874

00-12-1996
SERVICE CONTRACT - BETWEEN A UNITED KINGDOM COMPANY AND A BELORUSSIAN COMPANY

ARBITRAL TRIBUNAL AUTHORIZED BY PARTIES TO ACT AS AMIABLE COMPOSITEUR

INTEREST RATE - REFERENCE TO UNIDROIT PRINCIPLES WITHOUT FURTHER EXPLANATION
Arbitral Award
Arbitral Court of the Economic Chamber and the Agrarian Chamber of the Czech Republic

17-12-1996
SERVICE CONTRACT FOR THE REPAIR OF TWO VESSELS - BETWEEN A POLISH COMPANY AND A RUSSIAN COMPANY - PARTIES' CHOICE OF DOMESTIC LAW (POLISH LAW) - ARBITRAL TRIBUNAL REFERENCE WITHOUT FURTHER EXPLANATION TO THE UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION REACHED UNDER APPLICABLE DOMESTIC LAW

DELEGATION OF PAYMENT - DOES NOT AMOUNT TO SUBSTITUTION OF DEBTOR - ORIGINAL DEBTOR DISCHARGED ONLY WHEN PAYMENT IS MADE (ART. 921(5) POLISH CIVIL CODE) (ART. 6.1.7(2) UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

20-01-1997
SALES CONTRACT - BETWEEN A RUSSIAN TRADE ORGANIZATION AND A HONG KONG COMPANY - SILENT AS TO APPLICABLE LAW - EXPRESS AUTHORIZATION OF ARBITRAL TRIBUNAL TO APPLY THE UNIDROIT PRINCIPLES

TERMINATION - RIGHT TO TERMINATION OF CONTRACT (ART. 7.3.1 UNIDROIT PRINCIPLES) - RESTITUTION OF GOODS DELIVERED (ART. 7.3.6 UNIDROIT PRINCIPLES)

DAMAGES - RIGHT TO RECOVERY OF DIFFERENCE BETWEEN CONTRACT PRICE AND REPLACEMENT TRANSACTION (ART. 7.4.5 UNIDROIT PRINCIPLES)
Arbitral Award
Ad hoc Arbitration, Paris

21-04-1997
LOAN AGREEMENT - BETWEEN A RUSSIAN TRADE ORGANIZATION AND A UNITED STATES COMPANY - PARTIES' CHOICE OF DOMESTIC LAW (RUSSIAN LAW) - IF NECESSARY SUPPLEMENTED BY THE UNIDROIT PRINCIPLES

AVOIDANCE OF CONTRACT - PARTY'S CONDUCT PRECLUDING ITS ABILITY TO CLAIM THE INVALIDITY OF THE CONTRACT (VENIRE CONTRA FACTUM PROPRIUM) (ARTS. 3.12 AND 4.3 (C)UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

05-06-1997
SALES CONTRACT - BETWEEN A BULGARIAN PARTY AND A RUSSIAN PARTY - GOVERNED BY CISG – UNIDROIT PRINCIPLES APPLIED AS MEANS TO INTERPRET AND SUPPLEMENT CISG (PREAMBLE OF UNIDROIT PRINCIPLES) – UNIDROIT PRINCIPLES APPLIED AS REFLECTING INTERNATIONAL USAGES (ART. 9(2) CISG)

PENALTY CLAUSE – PAYMENT OF PENALTY FOR DELAY IN PAYMENT OF PRICE – MATTER NOT COVERED BY CISG – RECOURSE TO ART. 7.4.13 UNIDROIT PRINCIPLES

AMOUNT OF PENALTY EXCESSIVE – REDUCTION TO REASONABLE AMOUNT (ART.7.4.13(2) UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

02-09-1997
SALES CONTRACT - BETWEEN A RUSSIAN PARTY AND AN ESTONIAN PARTY - GOVERNED BY DOMESTIC LAW – REFERENCE TO THE UNIDROIT PRINCIPLES FOR CONFIRMATION AT INTERNATIONAL LEVEL OF SIMILAR RULE PROVIDED FOR BY DOMESTIC LAW

HARM DUE IN PART TO AGGRIEVED PARTY – DAMAGES REDUCED ACCORDINGLY (ART. 7.4.7 UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration, Zürich 9117

00-03-1998
SALES CONTRACT - BETWEEN A RUSSIAN SELLER AND A CANADIAN BUYER - GOVERNED BY CISG - MATTERS OUTSIDE SCOPE OF CISG GOVERNED BY DOMESTIC LAW (RUSSIAN LAW) - REFERENCE TO UNIDROIT PRINCIPLES AS "THEY ARE SAID TO REFLECT A WORLD-WIDE CONSENSUS IN MOST OF THE BASIC MATTERS OF CONTRACT LAW"

MERGER CLAUSE (ART. 2.17 [ART. 2.1.17 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)

WRITTEN MODIFICATION CLAUSE (ART. 29(2) CISG) (ART. 2.18 [ART. 2.1.18 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)

INTERPRETATION OF CONTRACT ACCORDING TO ESTABLISHED PRACTICE BETWEEN PARTIES (ART. 4.3 UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

16-04-1999
SALES CONTRACT - BETWEEN A RUSSIAN PARTY AND AN ENGLISH PARTY - SILENT AS TO THE APPLICABLE LAW – REFERENCE TO UNIDROIT PRINCIPLES AS ONE OF RELEVANT LEGAL SOURCES

INTERPRETATION OF A PARTY’S STATEMENTS AND CONDUCT – MEANING A REASONABLE PERSON OF SAME KIND AS THE OTHER PARTY WOULD GIVE TO IT (ART. 4.2(2) UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

28-05-1999
SALES CONTRACT - BETWEEN A BELGIAN COMPANY AND A RUSSIAN COMPANY - SILENT AS TO THE APPLICABLE LAW - UNIDROIT PRINCIPLES APPLICABLE ONLY IF AGREED BETWEEN THE PARTIES

PENALTY CLAUSE - PENALTY FOR DELAY IN PAYMENT OF PRICE - PENALTY GROSSLY EXCESSIVE IN RELATION TO HARM SUFFERED BY AGGRIEVED PARTY - REDUCTION BY COURT (ART. 7.4.13(2)UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

27-07-1999
SALES CONTRACT - BETWEEN A RUSSIAN SELLER AND A SWEDISH BUYER - SILENT AS TO THE APPLICABLE LAW – APPLICATION OF THE UNIDROIT PRINCIPLES CONSIDERED TO REFLECT INTERNATIONAL USAGES

AVOIDANCE OF CONTRACT FOR LACK OF AUTHORITY OF AGENT – NOTICE OF AVOIDANCE TO BE GIVEN WITHIN REASONABLE TIME AFTER AVOIDING PARTY KNEW OR COULD NOT HAVE BEEN UNAWARE OF RELEVANT FACTS (ART. 3.15 UNIDROIT PRINCIPLES)
Arbitral Award
International Court of Arbitration of the Chamber of Commerce and Industry of the Republic of Belarus

30-05-2000
SALES CONTRACT - BETWEEN BELORUSSIAN COMPANY AND FRENCH COMPANY - BELORUSSIAN LAW AS GOVERNING LAW - APPLICATION OF THE CISG SINCE PARTIES SITUATED IN TWO CONTRACTING STATES (ART. 1(1)(A) CISG)

RIGHT TO INTEREST - RATE OF INTEREST NOT DETERMINED BY CISG - REFERENCE BY PLAINTIFF TO ART. 7.4.9(2)UNIDROIT PRINCIPLES - COURT DECIDING ACCORDINGLY
Arbitral Award
International Court of Arbitration of the Chamber of Commerce and Industry of the Republic of Belarus

31-05-2000
SALES CONTRACT - BETWEEN BELARUSIAN COMPANY AND FRENCH COMPANY - BELORUSSIAN LAW AS GOVERNING LAW - APPLICATION OF THE CISG SINCE PARTIES SITUATED IN TWO CONTRACTING STATES (ART. 1(1)(A) CISG)

RIGHT TO INTEREST - RATE OF INTEREST NOT DETERMINED BY CISG - PARTIES' REFERENCE TO ART. 7.4.9(2)UNIDROIT PRINCIPLES - COURT DECIDING ACCORDINGLY
Arbitral Award
Belorussian Chamber of Commerce and Industry International Court of Arbitration

22-12-2000
SALES CONTRACT - BETWEEN A BAHAMIAN COMPANY AND A BELORUSSIAN COMPANY - PARTIES AGREE ON APPLICATION OF BELORUSSIAN LAW - CISG APPLICABLE ACCORDING TO ART. 1(1)(B)

DELAYED PAYMENT OF THE PRICE - SELLER ENTITLED TO INTEREST (ART. 78 CISG) - APPLICABLE RATE TO BE DETERMINED IN ACCORDANCE WITH APPLICABLE DOMESTIC LAW - RATE OF INTEREST DETERMINED BY BELARUS NATIONAL BANK NOT APPLICABLE TO SALE CONTRACT IN DISPUTE

PLAINTIFF INVOKING RATE AS PROVIDED BY ART. 7.4.9 UNIDROIT PRINCIPLES - REQUEST DISMISSED BY ARBITRAL TRIBUNAL ON GROUND THAT UNIDROIT PRINCIPLES APPLY ONLY IF AGREED BETWEEN THE PARTIES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

25-01-2001
SALES CONTRACT - BETWEEN A RUSSIAN PARTY AND AN ENGLISH PARTY - SILENT AS TO THE APPLICABLE LAW – REFERENCE TO UNIDROIT PRINCIPLES AS ONE OF RELEVANT LEGAL SOURCES

PENALTY CLAUSE – PAYMENT OF PENALTY FOR DELAY IN PAYMENT OF PRICE – PENALTY GROSSLY EXCESSIVE IN RELATION TO HARM SUFFERED BY AGGRIEVED PARTY (ART. 7.4.13(2) UNIDROIT PRINCIPLES)
Arbitral Award
Camera arbitrale nazionale ed internazionale di Milano

28-09-2001
SALES CONTRACT - BETWEEN A CYPRIOT COMPANY AND AN ITALIAN COMPANY – CONTRACT GOVERNED BY CISG (CF. ARTS. 1 (A) AND 10 (A)), SUPPLEMENTED BY RUSSIAN LAW AS THE LAW MOST CLOSELY CONNECTED WITH THE CONTRACT

BUYER’S FAILURE TO SUBMIT DOCUMENTS SELLER NEEDED TO EXPLAIN TO RUSSIAN EXPORT AND EXCHANGE CONTROL AUTHORITIES AN AGREED PRICE REDUCTION AND EXTENDED DATE OF PAYMENT – BREACH OF GENERAL DUTY OF COOPERATION BETWEEN PARTIES – REFERENCE BY ARBITRAL TRIBUNAL TO ART. 5.3 [NOW 5.1.3] OF UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation

05-11-2002
SERVICE CONTRACT - BETWEEN A RUSSIAN COMPANY AND A GERMAN COMPANY - CONTRACT PROVIDING FOR APPLICATION OF BOTH GERMAN LAW AND RUSSIAN LAW AND OF THE “GENERAL PRINCIPLES OF THE LEX MERCATORIA“ – APPLICATION OF THE UNIDROIT PRINCIPLES.

INTERPRETATION OF CONTRACT – NATURE OF THE CONTRACT AND INTENTION OF THE PARTIES (ARTICLES 4.1 AND 4.3 OF THE UNIDROIT PRINCIPLES).

INTEREST PAYABLE ON AMOUNT DUE – MONETARY CLAIM IN EURO – APPLICATION OF THE INTEREST RATE APPLIED BY RUSSIAN BANKS FOR LOANS STIPULATED IN EURO (ARTICLE 7.4.9 OF THE UNIDROIT PRINCIPLES).
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

06-11-2002
SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CANADIAN COMPANY

INTERPRETATION OF CONTRACTS - APPLICABLE DOMESTIC LAW (RUSSIAN LAW) REFERRING TO "TRADE USAGES" (ARTICLE 431 OF THE RUSSIAN CIVIL CODE) – APPLICATION OF THE UNIDROIT PRINCIPLES AS RULES WIDELY USED IN INTERNATIONAL PRACTICE

LINGUISTIC DISCREPANCIES BETWEEN TWO EQUALLY AUTHORITATIVE LANGUAGE VERSIONS OF THE CONTRACT (ARTICLE 4.7 OF THE UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

04-04-2003
SALES CONTRACT - BETWEEN A RUSSIAN SELLER AND A GERMAN BUYER - GOVERNED BY CISG AND, WITH RESPECT TO ISSUES NOT COVERED BY IT, BY RUSSIAN LAW AS THE LAW OF THE SELLER (ART. 7 CISG IN CONJUNCTION WITH ART. 166 OF THE FUNDAMENTAL PRINCIPLES OF CIVIL LEGISLATION OF 1991)

CONTRACT PROVIDED FOR A PENALTY IN CASE OF DELAYED PAYMENT OF THE PRICE - PENALTY AMOUNTING TO 0.5% OF PRICE FOR EACH DAY OF DELAY - CONSIDERED TO BE MANIFESTLY EXCESSIVE - PENALTY REDUCED BY COURT IN ACCORDANCE WITH CISG, ARTS. 333 AND 394 OF THE RUSSIAN CIVIL CODE AND ART. 7.4.13 OF THE UNIDROIT PRINCIPLES DEFINED AS "A CODE OF THE WELL-ESTABLISHED RULES OF INTERNATIONAL TRADE REFLECTING THE APPROACHES OF THE PRINCIPAL LEGAL SYSTEMS”.
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

06-06-2003
SALES CONTRACT - BETWEEN RUSSIAN SELLER AND SOUTH KOREAN BUYER - GOVERNED BY RUSSIAN LAW - CISG APPLICABLE ACCORDING TO ART. 1(1)(B).

DEFECTIVE GOODS - CLAIM FOR DAMAGES BY BUYER - AMOUNT OF DAMAGES AWARDED REDUCED ON ACCOUNT OF THE FACT THAT HARM WAS DUE IN PART TO BUYER'S CONDUCT - REFERENCE TO ARTS. 74 AND 77 CISG AS WELL AS TO ART. 7.4.7 OF UNIDROIT PRINCIPLES (AS WELL AS RELATIVE COMMENT) WHICH EXPRESSLY ADDRESS THIS SITUATION
Arbitral Award
International Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation

19-05-2004
SALES CONTRACT - BETWEEN RUSSIAN BUYER AND INDIAN SELLER - CONTRACT GOVERNED BY CISG - RATE OF INTEREST - ISSUE NOT ADDRESSED IN CISG - TO BE DETERMINED BY APPLICABLE DOMESTIC LAW

ACCORDING TO ART. 395 OF RUSSIAN CIVIL CODE RATE OF INTEREST TO BE DETERMINED IN ACCORDANCE WITH RATE OF BANK INTEREST EXISTING ON THE DAY OF PERFORMANCE OF MONETARY OBLIGATION AT PLACE OF LOCATION OF CREDITOR - NO RATE OF BANK INTEREST FOR INDIAN CURRENCY IN RUSSIAN FEDERATION - REFERENCE TO UNIDROIT PRINCIPLES AS REFLECTING INTERNATIONAL TRADE PRACTICES

ACCORDING TO ART. 7.4.9(2) UNIDROIT PRINCIPLES RATE OF INTEREST SHALL BE AVERAGE BANK SHORT-TERM LENDING RATE TO PRIME BORROWERS PREVAILING FOR CURRENCY OF PAYMENT AT PLACE FOR PAYMENT, OR WHERE NO SUCH RATE EXISTS AT THAT PLACE, THEN SAME RATE IN STATE OF CURRENCY OF PAYMENT - REFERENCE TO RATE INTEREST USED BY CENTRAL BANK OF INDIA
Arbitral Award
International Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation

12-11-2004
SALES CONTRACT - BETWEEN RUSSIAN SELLER AND HUNGARIAN BUYER - PARTIES CHOOSE RUSSIAN LAW AS THE LAW GOVERNING THEIR CONTRACT - HUNGARIAN BUYER INVOKED ALSO APPLICATION OF THE UNIDROIT PRINCIPLES AS USAGE OF INTERNATIONAL TRADE - RUSSIAN SELLER OBJECTED - ARBITRATION COURT DECIDED NOT TO APPLY THE UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

30-01-2007
SALES CONTRACT - BETWEEN A GERMAN COMPANY AND A RUSSIAN COMPANY - CISG APPLICABLE SINCE PARTIES ARE SITUATED IN DIFFERENT CONTRACTING STATES

BUYER'S CLAIM FOR SPECIFIC PERFORMANCE - REQUIREMENTS FOR SUCH REMEDY NOT SPECIFIED IN EITHER CISG OR RUSSIAN LAW APPLICABLE UNDER ARTICLE 7(2) CISG - RECOURSE TO THE UNIDROIT PRINCIPLES DEFINED AS A SUPPLEMENTARY SOURCE OF RULES OF LAW REFLECTING CONTEMPORARY INTERNATIONAL TRENDS WHICH PROVIDE SOUND SOLUTIONS TO INTERNATIONAL COMMERCIAL DISPUTES

BUYER'S CLAIM FOR SPECIFIC PERFORMANCE - HAS TO BE MADE WITHIN A REASONABLE TIME AFTER THE BUYER BECAME, OR OUGHT TO HAVE BECOME, AWARE OF THE NON-PERFORMANCE (ARTICLE 7.2.2 OF THE UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

01-02-2007
SALES CONTRACT - BETWEEN AN ESTONIAN COMPANY AND A KAZAKH COMPANY - CONTRACT PROVIDED THAT RUSSIAN LAW WAS THE LAW GOVERNING THE CONTRACT - PARTIES SITUATED IN DIFFERENT CONTRACTING STATES OF CISG - CISG APPLICABLE

DELIVERY OF ONLY PART OF THE GOODS - ADVANCE PAYMENT OF PRICE - RESTITUTION OF PRICE PAID FOR GOODS NOT RECEIVED (ART. 81 CISG) - REFERENCE ALSO TO ARTS. 7.2.1, 7.2.2 AND 1.3 OF UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

27-03-2007
SALES CONTRACT - BETWEEN A BRITISH VIRGIN ISLAND COMPANY AND A RUSSIAN COMPANY - RUSSIAN LAW CHOSEN BY PARTIES AS THE LAW GOVERNING THE CONTRACT

IMPUTATION OF NON-MONETARY OBLIGATIONS (ART. 522 OF THE RUSSIAN CIVIL CODE) - REFERENCE ALSO TO COMMENTS TO ART. 6.1.13 OF THE UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

08-02-2008
LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A MOLDAVIAN COMPANY - SILENT AS TO APPLICABLE LAW - CONTRACT PROVIDED FOR DELIVERY OF PART OF THE GAS TO A THIRD PARTY

THIRD PARTY'S FAILURE TO PAY THE PRICE FOR THE GAS DELIVERED - SUPPLIER REQUESTS PAYMENT FROM BUYER THAT REFUSES TO PAY BECAUSE CONTRACT PROVIDED FOR DIRECT DELIVERY OF GAS TO AND PAYMENT OF PRICE BY THIRD PARTY

GOOD FAITH ONE OF BASIC PRINCIPLES OF INTERNATIONAL TRADE - REFERENCE TO ARTICLES 1.7 UNIDROIT PRINCIPLES AND 7 AND 8 CISG AS WELL AS TO ARTICLE 5.1.2 UNIDROIT PRINCIPLES AND COMMENTS 1 TO 3 TO ARTICLE 1.7 UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

09-04-2008
CONSTRUCTION CONTRACT - BETWEEN A POLISH COMPANY AND A RUSSIAN COMPANY - CONTRACT GOVERNED BY RUSSIAN LAW

CLAIM TO HAND OVER FULL SET OF TECHNICAL DOCUMENTATION - ARBITRAL TRIBUNAL, HAVING FOUND NO SPECIFIC REGULATION IN RUSSIAN LAW DEALING WITH SUCH REQUEST OF SPECIFIC PERFORMANCE, APPLIED ARTICLE 7.2.2 ("PERFORMANCE OF NON-MONETARY OBLIGATION") OF THE UNIDROIT PRINCIPLES.
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

13-05-2008
SALES CONTRACT - BETWEEN RUSSIAN AND CANADIAN COMPANIES - GOVERNED BY CISG

PENALTY FOR FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS - NOT DUE IF FAILURE DUE TO EXEMPTING EVENT ACCORDING TO ARTICLE 79 CISG

INTEREST FOR DELAYED PAYMENT (ARTICLE 78 CISG) - DUE EVEN IF DELAY DUE TO EXEMPTING EVENT - REFERENCE TO ARTICLE 7.4.9 UNIDROIT PRINCIPLES "REFLECTING UNDERSTANDING GENERALLY ACCEPTED IN THE INTERNATIONAL COMMERCIAL PRACTICE"
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

19-12-2008
SALES CONTRACT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (RUSSIAN, ITALIAN, SWISS) - GOVERNED BY CISG

TRANSFER OF OBLIGATION TO PAY THE PRICE FROM ORIGINAL BUYER TO A THIRD PERSON - REFERENCE TO ARTICLE 9.2.1 LIT. A) UNIDROIT PRINCIPLES 2004 REFLECTING A PRACTICE WIDELY USED INTERNATIONAL COMMERCIAL PRACTICE
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

22-12-2008
SALES CONTRACT - BETWEEN A GERMAN COMPANY AND A RUSSIAN COMPANY - CONTRACT GOVERNED BY RUSSIAN LAW

MODIFICATION OF WRITTEN CONTRACT BY AGREEMENT OF THE PARTIES - MUST BE MADE IN WRITING

AGREEMENT THROUGH EXCHANGE OF DOCUMENTS AND ELECTRONIC MESSAGES -REQUIREMENT OF WRITING MET - REFERENCE TO RELEVANT PROVISIONS OF RUSSIAN CIVIL CODE AS WELL AS TO ARTICLE 2.1.1 AND 4.1 TO 4.3 UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

09-04-2009
CONSTRUCTION CONTRACT - BETWEEN A POLISH COMPANY AND A RUSSIAN COMPANY

UNIDROIT PRINCIPLES APPLIED BY ARBITRAL TRIBUNAL AS THE LAW APPLICABLE TO SUBSTANCE OF DISPUTE TOGETHER WITH RUSSIAN LAW

CONSTRUCTION CONTRACT - RIGHT TO REQUIRE PERFORMANCE OF NON-MONETARY OBLIGATION - REFERENCE TO ART. 7.2.2 LIT. C) UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

02-06-2009
SALES CONTRACT - BETWEEN RUSSIAN AND CHINESE COMPANY - GOVERNED BY RUSSIAN LAW

REQUEST TO RETURN ADVANCE PAYMENT AND TO REPAY COSTS OF PARTICIPATING IN SETTLEMENT NEGOTIATIONS - ARBITRAL TRIBUNAL, HAVING FOUND NO SPECIFIC REGULATION IN APPLICABLE DOMESTIC LAW ADDRESSING THE ISSUE AT STAKE, REFERRED TO THE UNIDROIT PRINCIPLES AS LEX MERCATORIA IN ORDER TO JUSTIFY THEIR SUBSIDIARY APPLICATION TO RUSSIAN CIVIL LAW - APPLICATION OF ARTICLE 7.4.8 ("MITIGATION OF HARM")
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

06-07-2009
CONSULTING CONTRACT - BETWEEN A RUSSIAN COMPANY AND AN ENGLISH COMPANY - UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING AND SUPPLEMENTING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

CONSULTANCY CONTRACT BETWEEN RUSSIAN AND ENGLISH COMPANY - REFERENCE TO ARTICLES 1.7 AND 5.1.3 UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

30-10-2009
LEASE CONTRACT - BETWEEN A RUSSIAN AND AN HUNGARIAN COMPANY - ARBITRAL TRIBUNAL APPLYING UNIDROIT PRINCIPLES DEFINED AS "DOCUMENT ADOPTED BY AN AUTHORITATIVE INTERGOVERNMENTAL ORGANIZATION AND REFLECTING THE MOST COMMON APPROACHES OF THE MAJORITY OF NATIONAL LEGAL SYSTEMS IN REGULATING PROBLEMS OF INTERNATIONAL COMMERCIAL TRANSACTIONS" AND "BROADLY APPLIED IN INTERNATIONAL COMMERCIAL PRACTICE AND WIDELY USED BY INTERNATIONAL BUSINESS COMMUNITY AS BACKGROUND FOR SETTLING DISPUTES".

REFERENCE IN PARTICULAR TO ARTS. 1.3, 1.7 (CONSIDERED TO BE THE FUNDAMENTAL RULE OF THE UNIDROIT PRINCIPLES), 7.3.1(1), 7.3.1(2), 7.3.2 AND 9.2.5.
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

05-07-2011
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) - UNIDROIT PRINCIPLES DESIGNED AS "THE RECOMMENDED SOURCE OF RULES GOVERNING GENERAL ISSUES OF PERFORMANCE AND INTERPRETATION OF CONTRACTS OF AN INTERNATIONAL CHARACTER".

"CONTRA PROFERENTEM" RULE - REFERENCE TO ARTICLE 4.6 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

03-02-2012
SALES CONTRACT - BETWEEN A RUSSIAN BUYER AND AN ITALIAN SELLER - GOVERNED BY ITALIAN LAW (INCLUDING CISG) - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING CISG

TERMINATION OF CONTRACT - PARTIAL TERMINATION - REFERENCE TO ARTICLE 7.3.7 OF THE UNIDROIT PRINCIPLES.

TERMINATION OF CONTRACT - CLAIM FOR PENALTY FOR DELAY IN RETURNING THE PAYMENT MADE - REFERENCE TO 7.3.5 OF THE UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

16-03-2012
LONG-TERM CONTRACTS - LICENSING AND SERVICE AGREEMENT - BETWEEN A RUSSIAN COMPANY AND A CYPRIOT COMPANY

UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) - UNIDROIT PRINCIPLES DEFINED AS "THE RECOMMENDED SOURCE OF RULES GOVERNING GENERAL ISSUES OF PERFORMANCE AND INTERPRETATION OF CONTRACTS OF AN INTERNATIONAL CHARACTER".

REFERENCE TO ARTICLE 1.7 AND 5.1.3 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS
Arbitral Award
Ad hoc arbitration

30-03-2012
STATE CONTRACTS - DEVELOPMENT AGREEMENT - BETWEEN A RUSSIAN LOCAL GOVERNMENT AND A FOREIGN COMPANY – REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF THE LAW APPLICABLE TO THE SUBSTANCE OF THE DISPUTE (RUSSIAN LAW)

RATE OF INTEREST – REFERENCE TO ART. 7.4.9 UNIDROIT PRINCIPLES IN SUPPORT OF ART. 395 OF THE RUSSIAN CIVIL CODE
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

23-08-2012
CONSTRUCTION CONTRACT - BETWEEN A RUSSIAN COMPANY AND A UNITED STATES COMPANY - ARBITRAL TRIBUNAL APPLIED RUSSIAN LAW AND, AT THE REQUEST OF THE UNITED STATES COMPANY, ALSO THE UNIDROIT PRINCIPLES

INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

30-08-2012
LOAN AGREEMENT - BETWEEN A CYPRIOT COMPANY AND A RUSSIAN COMPANY - CONTRACT SILENT AS TO APPLICABLE LAW - ARBITRAL TRIBUNAL APPLIED ENGLISH LAW TOGETHER WITH THE UNIDROIT PRINCIPLES

FREEDOM OF CONTRACT - REFERENCE TO ARTICLE 1.1 UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

25-01-2013
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
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

06-02-2013
SALES CONTRACT - BETWEEN RUSSIAN COMPANY AND CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED BY ARBITRAL TRIBUNAL AS LAW APPLICABLE TO SUBSTANCE OF DISPUTE ON ITS OWN MOTION

FUNDS TRANSFER - TIME AT WHICH OBLIGOR'S OBLIGATION IS DISCHARGED - REFERENCE TO ART. 6.1.8 (2) UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

16-07-2013
SALES CONTRACT - BETWEEN A RUSSIAN AND A CHINESE COMPANY - CONTRACT GOVERNED BY THE CISG - ARBITRAL TRIBUNAL APPLIED ALSO RUSSIAN LAW AND THE UNIDROIT PRINCIPLES AS A MEANS FOR SUPPLEMENTING THE CISG

REFERENCE TO ARTICLE 1.7 AND 5.1.3 UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

03-10-2013
LOAN AGREEMENT - BETWEEN A LIECHTENSTEIN COMPANY AND A RUSSIAN COMPANY - UNIDROIT PRINCIPLES CHOSEN BY PARTIES AS LAW APPLICABLE TO SUBSTANCE OF DISPUTE
Belarus
Supreme Economic Court of the Republic of Belarus

03-01-2003
SALES CONTRACT - BETWEEN BELORUSSIAN COMPANY AND POLISH COMPANY - BELORUSSIAN LAW AS GOVERNING LAW - APPLICATION OF THE CISG SINCE PARTIES SITUATED IN TWO CONTRACTING STATES (ART. 1(1)(A) CISG)

RIGHT TO INTEREST - RATE OF INTEREST NOT DETERMINED BY CISG - COURT HELD RATE TO BE DETERMINED IN ACCORDANCE WITH "GENERAL RULES OF INTERNATIONAL COMMERCIAL CONTRACTS (UNIDROIT PRINCIPLES)" - REFERENCE TO ART. 7.4.9(2)UNIDROIT PRINCIPLES
Belarus
Supreme Economic Court of the Republic of Belarus

20-05-2003
SALES CONTRACT - BETWEEN A UNITED STATES AND A BELORUSSIAN COMPANY - GOVERNED BY BELORUSSIAN LAW

CISG APPLICABLE SINCE PARTIES SITUATED IN TWO CONTRACTING STATES

NON-PAYMENT OF THE PRICE - SELLER ENTITLED TO INTEREST (ART. 78 CISG) - RATE OF INTEREST DETERMINED ACCORDING TO ART. 7.4.9(2) OF THE UNIDROIT PRINCIPLES
Belarus
Commercial Court of Brest Region

08-11-2006
SALES CONTRACT - BETWEEN BELORUSSIAN COMPANY AND RUSSIAN COMPANY - GOVERNED BY CISG

RATE OF INTEREST TO BE DETERMINED BY APPLICABLE DOMESTIC LAW (BELORUSSIAN LAW) - REFERENCE TO ARTICLE 7.4.9(2) OF THE UNIDROIT PRINCIPLES AS "INTERNATIONAL TRADE USAGES" APPLICABLE ACCORDING TO ART. 1093 (1) OF BELORUSSIAN CIVIL CODE
Russian Federation
Federal Arbitrazh Court of the Volgo-Vyatsky District

27-06-2003
LONG-TERM CONTRACTS - STORAGE SERVICE CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (RUSSIAN LAW).

NOTION OF FORCE MAJEURE - REFERENCE TO ARTICLE 401(3) OF THE RUSSIAN CIVIL CODE AND TO ARTICLE 7.1.7 OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Primorsky territory

30-11-2007
SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A KOREAN COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS OF INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

USAGES WIDELY KNOWN AND REGULARLY OBSERVED IN INTERNATIONAL TRADE - REFERENCE BY ONE OF THE PARTIES TO ARTICLE 1.9 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS

CONTRACT CONCLUDED BY SEQUENCE OF OFFER AND ACCEPTANCE OR PARTIES' CONDUCT SUFFICIENT TO SHOW AGREEMENT - REFERENCE BY ONE OF THE PARTIES TO ARTICLE 2.1.1 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS
Russian Federation
Supreme Arbitrazh Court of the Russian Federation

14-03-2008
REPAIR SERVICE CONTRACT - BETWEEN AN UKRAINIAN COMPANY AND A RUSSIAN COMPANY

REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

DAMAGES - FORSEEABILITY OF HARM - REFERENCE TO ARTICLE 7.4.4 UNIDROIT PRINCIPLES
Russian Federation
Supreme Commercial Court of Russian Federation

14-03-2008
SERVICE CONTRACT FOR THE REPAIR OF A VESSEL BETWEEN RUSSIAN COMPANY AND UKRAINIAN SHIPYARD - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

PRINCIPLE OF LIMITATION OF LIABILITY TO FORESEEABLE LOSS - REFERENCE TO ART. 7.4.4 UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Khanty-Mansi Autonomous District – Yugra

08-07-2008
LONG-TERM CONTRACTS - ADMINISTRATIVE CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN REGIONAL SOCIAL SECURITY FUND AND A RUSSIAN COMPANY

UNIDROIT PRINCIPLES APPLIED AS MEANS OF INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

FORCE MAJEURE - REFERENCE TO ARTICLE 7.1.7 OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of the Krasnoyarsk region

21-05-2009
LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

FORCE MAJEURE - REFERENCE TO ARTICLE 7.1.7 IN SUPPORT OF SIMILAR SOLUTION UNDER RUSSIAN LAW
Russian Federation
Thirteenth circuit arbitrazh court of appeal

05-06-2009
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
Russian Federation
Second circuit Arbitrazh Court of Appeal

24-08-2009
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

SUPERVENING FINANCIAL CRISIS IMPEDING BUYER FROM PAYING THE PRICE - DOES NOT AMOUNT TO FORCE MAJEURE BECAUSE NOT AN UNAVOIDABLE EVENT - REFERENCE TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES
Russian Federation
Second circuit Arbitrazh Court of Appeal

15-09-2009
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

SUPERVENING FINANCIAL CRISIS IMPEDING BUYER FROM PAYING THE PRICE - DOES NOT AMOUNT TO FORCE MAJEURE BECAUSE NOT AN UNAVOIDABLE EVENT - REFERENCE TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES
Russian Federation
Second circuit Arbitrazh Court of Appeal

16-09-2009
SALES 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
Russian Federation
Second circuit Arbitrazh Court of Appeal

22-12-2009
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

SUPERVENING FINANCIAL CRISIS IMPEDING BUYER FROM PAYING THE PRICE - DOES NOT AMOUNT TO FORCE MAJEURE BECAUSE NOT AN UNAVOIDABLE EVENT - REFERENCE TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES
Russian Federation
Second circuit Arbitrazh Court of Appeal

29-01-2010
SERVICE CONTRACT FOR THE REPAIR OF PIPELINE - 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
Russian Federation
Eighteenth circuit Arbitrazh Court of Appeal

05-08-2010
REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

CONTRACT OF LEASE - LOSS TO PROPERTY DUE TO FIRE - LESSEE ENTITLED TO DAMAGES FOR NON-PERFORMANCE OF CONTRACT BY LESSOR - REFERENCE TO ARTICLE 393 (1) OF RUSSIAN CIVIL CODE AND TO ARTICLE 7.4.1 OF UNIDROIT PRINCIPLES.
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

22-11-2010
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND CHINESE COMPANIES – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE LAW (RUSSIAN LAW)

FREEDOM OF CONTRACT – REFERENCE TO ARTICLE 1.1 OF UNIDROIT PRINCIPLES
Russian Federation
Federal Arbitrazh Court of the Volgo-Vyatsky District

10-12-2010
ASSIGNMENT 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
Russian Federation
Arbitrazh Court of Saint Petersburg and Leningrad area

29-04-2011
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AND OTHER INTERNATIONAL AND FOREIGN LEGAL SOURCES TO SUPPLEMENT APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

IMPUTATION OF PAYMENTS - REFERENCE, AMONG OTHERS, TO ARTICLES 6.12 (1) OF UNIDROIT PRINCIPLES AND 7:109 (4)OF PRINCIPLES OF EUROPEAN CONTRACT LAW
Russian Federation
Arbitrazh Court of the Saha Republic (Yakutia)

06-09-2011
SERVICE CONTRACT - BETWEEN TWO RUSSIAN PARTIES - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

GOODS STORED AT A RIVERPORT DESTROYED BY FIRE - FIRE NOT AMOUNTING TO FORCE MAJEURE AS IT COULD HAVE BEEN FORESEEN AND AVOIDED BY RIVER PORT AUTHORITY - REFERENCE TO APPLICABLE RUSSIAN LAW AND TO ARTICLE 7.1.7 OF THE UNIDROIT PRINCIPLES.
Russian Federation
Federal Arbitrazh Court of the North-West district

12-12-2011
SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A GERMAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

RIGHT TO DAMAGES FOR BREACH OF CONTRACT - REFERENCE TO ARTICLE 7.4.1 UNIDROIT PRINCIPLES AND TO ARTICLES 45 AND 61 OF THE CISG IN SUPPORT OF ARTICLE 309 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION
Russian Federation
Arbitrazh Court of Kaliningrad region

15-12-2011
SALES CONTRACT - BETWEEN A RUSSIAN BUSINESS PERSON AND A RUSSIAN COMPANY - REFERENCE TO THE CISG AND TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

CLAIM FOR DAMAGES - REFERENCE TO ARTS. 45 AND 61 OF CISG AND 7.4.1 UNIDROIT PRINCIPLES DEFINED AS THE MOST MODERN INTERNATIONAL APPROACHES TO THE MATTER
Russian Federation
Supreme Commercial Court of Russian Federationof

28-12-2011
TRANSPORT CONTRACT BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

DAMAGE TO GOODS IN COURSE OF TRANSPORTATION - CARRIER LIABLE FOR DAMAGES UNLESS IT PROVES THAT DAMAGE WAS CAUSE BY EVENT AMOUNTING TO FORCE MAJEURE AND THAT IT COULD NOT AVOID OR OVERCOME THE CONSEQUENCES OF THE FORCE MAJEURE - REFERENCE TO ART.796 RUSSIAN CIVIL CODE AND TO ART. 7.1.7(1) UNIDROIT PRINCIPLES
Russian Federation
Supreme Commercial Court of Russian Federation

03-05-2012
SERVICE CONTRACT BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

LOSS OF PROPERTY IN CUSTODY DUE TO A FIRE - EVENT AMOUNTING TO FORCE MAJEURE ONLY IF IT IS BEYOND THE CONTROL OF THE PARTY EITHER BECAUSE THAT PARTY COULD NOT FORESEE IT OR BECAUSE IT COULD NOT AVOID OR OVERCOME ITS CONSEQUENCES - REFERENCE TO ART. 401 RUSSIAN CIVIL CODE AND TO ART. 7.1.7(1) UNIDROIT PRINCIPLES
Russian Federation
Sixth circuit Arbitrazh Court of Appeal

05-06-2012
SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

CONTRACT INDICATING DOCUMENTS NECESSARY FOR DELIVERY OF GOODS - CUSTOM AUTHORITY REQUESTING ADDITIONAL DOCUMENTS AND IN THE ABSENCE OF SUCH DOCUMENTS DETERMINING EX OFFICIO HIGHER PRICE FOR PAYMENT OF CUSTOM DUTIES PURPOSES THAN THAT AGREED BETWEEN THE PARTIES IN THEIR CONTRACT - CUSTOM AUTHORITY´S DETERMINATION ILLEGAL - REFERENCE TO ART. 65 OF THE CUSTOMS CODE OF THE RUSSIAN FEDERATION AND TO ART. 1.1 OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh court of Kostroma region

25-07-2012
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

DAMAGES - AMOUNT OF HARM NOT DETERMINABLE WITH CERTAINTY - DISCRETIONARY DETERIMNATION BY COURT - REFERENCE TO ARTICLE 7.4.3 (3) UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Tyumen region

07-08-2012
SALES CONTRACT - BETWEEN A RUSSIAN BUSINESS PERSON AND A COMPANY OF HONG KONG - CHOICE BY PARTIES OF UNIDROIT PRINCIPLES AS GOVERNING LAW

TERMINATION OF CONTRACT FOR NON-PERFORMANCE - ARTICLES 7.3.1 AND 7.3.6 OF UNIDROIT PRINCIPLES APPLIED
Russian Federation
Second circuit Arbtrazh Court of Appeal

31-08-2012
SERVICE 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
Russian Federation
Arbitrazh Court of Khabarovsk area

25-12-2012
SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND AN HONG KONG COMPANY - UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

FREEDOM OF THE PARTIES TO AGREE ON THE PRICE - REFERENCE TO EXISTING RUSSIAN REGULATION, TO GATT AND TO ARTICLE 1.1 UNIDROIT PRINCIPLES
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

08-04-2013
SALES CONTRACT - BETWEEN RUSSIAN AND CHINESE COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

PARTIES FREE TO DETERMINE CONTENT OF CONTRACT - REFERENCE TO ARTICLE 1.1. UNIDROIT PRINCIPLES
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

12-07-2013
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58 (1) OF THE CISG

FREEDOM OF CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh court of Kostroma region

29-07-2013
DISPUTE BETWEEN TWO RUSSIAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT THE APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

DETERMINATION OF AMOUNT OF DAMAGES WITH A SUFFICIENT DEGREE OF CERTAINTY NOT POSSIBLE - COURT EMPOWERED TO MAKE EQUITABLE QUANTIFICATION OF HARM SUSTANIED - REFERENCE TO ARTICLE 7.4.3(3) OF UNIDROIT PRINCIPLES
Russian Federation
Supreme Commercial Court of Russian Federation

01-08-2013
SUPPLY CONTRACT BETWEEN A GERMAN COMPANY AND A RUSSIAN COMPANY - REFERENCE TO THE UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

CONTRACT NOT EXPRESSLY SPECIFYING COUNTRY OF ORIGIN OF GOODS - SELLER UNDER DUTY TO PROVIDE REASONABLE INFORMATION ABOUT ORIGIN OF GOODS DELIVERED - REFERENCE TO THE PRINCIPLE OF GOOD FAITH AS LAID DOWN IN ART.304 OF THE RUSSIAN CIVIL CODE AND IN ART. 1.7 (1) OF UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Trans-Baikal Territory

12-09-2013
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) OF THE CISG

FREEDOM OF CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

20-11-2013
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Sakhalin Region

02-12-2013
SERVICE CONTRACT - BETWEEN A RUSSIAN STATE-OWNED COMPANY AND ANOTHER RUSSIAN COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

FORCE MAJEURE - REFERENCE TO ARTICLE 401 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION AND TO ARTICLE 7.1.7 OF THE UNIDROIT PRINCIPLES ON INTERNATIONAL COMMERCIAL CONTRACTS
Russian Federation
Arbitrazh Court of Novosibirsk region

12-12-2013
DISPUTE BETWEEN TWO RUSSIAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING AND SUPPLEMENTING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES STATING THE PROHIBITION OF INCONSISTENT BEHAVIOUR WHICH IS OF PARAMOUNT IMPORTANCE IN INTERNATIONAL TRADE LAW
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

23-12-2013
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Trans-Baikal Territory

27-12-2013
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Moscow

15-01-2014
LOAN AGREEMENT - BETWEEN A LIECHTENSTEIN COMPANY AND A RUSSIAN COMPANY - CONTAINING A CHOICE OF LAW CLAUSE IN FAVOUR OF THE UNIDROIT PRINCIPLES AND, FOR ISSUES NOT COVERED BY THE PRINCIPLES, IN FAVOUR OF RUSSIAN LAW
Russian Federation
Fifteenth circuit Arbitrazh Court of Appeal

21-01-2014
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A SPANISH COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL CONTRACTS AND TO ARTICLE 432 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION.
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

31-01-2014
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Fifteenth circuit Arbitrazh Court of Appeal

05-02-2014
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A TURKISH COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

FREEDOM OF CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES AND TO ART. 432 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

14-02-2014
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

11-03-2014
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Russian Supreme Commercial Court

08-04-2014
AGENCY CONTRACT BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT THE APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

AGENCY CONTRACT - KIND OF OBLIGATION OF AGENT - WHETHER DUTY TO ACHIEVE A SPECIFIC RESULT OR DUTY OF BEST EFFORTS - CRITERIA TO BE ADOPTED TO DETERMINE KIND OF OBLIGATION OF AGENT THOSE LAID DOWN IN ARTICLE 5.1.4 UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh court of Kostroma region

23-05-2014
ADMINISTRATIVE CONTRACTS - SERVICE CONTRACT - BETWEEN RUSSIAN INDIVIDUAL AND RUSSIAN MUNICIPALITY - REFERENCE TO THE UNIDROIT PRINCIPLES TO INTERPRET OR SUPPLEMENT APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

DAMAGES - AMOUNT CANNOT BE ESTABLISHED WITH A SUFFICIENT DEGREE OF CERTAINTY - EQUITABLE QUANTIFICATION OF DAMAGES - REFERENCE TO ARTICLE 7.4.3(3) OF UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Sakhalin region

26-05-2014
ADMINISTRATIVE CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A RUSSIAN LOCAL AUTHORITY AND A RUSSIAN COMPANY - UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

CONTRACT FOR THE CONSTRUCTION OF A DAM - PERFORMANCE DELAYED DUE TO A FLOOD OF THE RIVER - FORCE MAJEURE EXCLUDED BECAUSE THIS EVNET COULD HAVE BEEN FORESEEN BY PARTY - REFERENCE TO APPLICABLE RUSSIAN DOMESTIC LAW AND TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES.
Russian Federation
Supreme Court od the Russian Federation

02-07-2015
CONSTRUCTION CONTRACT BETWEEN A RUSSIAN COMPANY AND A RUSSIAN PUBLIC ENTITY - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

QUESTION AS TO WHETHER TIME OF PERFORMANCE FIXED IN THE CONTRACT INCLUDED ALSO THE TIME FOR THE STATE INSPECTION OF THE WORKS. APPLICATION OF CONTRA PROFERENTEM RULE AS RECOGNISED BY RUSSIAN CASE LAW AS WELL AS BY ARTICLE 4.6 UNIDROIT PRINCIPLES
Russian Federation
Commercial Court of the North Caucasus District of the Russian Federation

03-09-2015
SERVICE AGREEMENT BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

SERVICE AGREEMENT - OBLIGATIONS OF SERVICE PROVIDER - DUTY OF BEST EFFORTS - REFERENCE TO RUSSIAN LEGISLATION AND TO ART. 5.1.4 (2)UNIDROIT PRINCIPLES
Russian Federation
Commercial Court of the Moscow Region

28-12-2017
BANK GUARANTEE - ISSUED BY A RUSSIAN BANK IN FAVOUR OF A RUSSIAN BENEFICIARY- REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION FOUND UNDER APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

BANK GUARANTEE CONTAINING REFERENCE TO UNDERLYING CONTRACT - REFERENCE DOES NOT ALTER INDEPENDENCE OF GUARANTEE FROM UNDERLYING CONTRACT AS STATED BY ART. 370 OF THE RUSSIAN CIVIL CODE - REFERENCE ALSO TOE ARTICLE 4.6 UNIDROIT PRINCIPLES (PRESUMABLY) SINCE BANK GUARANTEE WAS DRAFTED BY BANK
Ukraine
High Commercial Court of Ukraine

30-11-2010
SALES CONTRACT - BETWEEN A RUSSIAN BUYER AND UKRAINIAN SELLER - UKRAINIAN LAW CHOSEN AS THE LAW GOVERNING THE CONTRACT - RELEVANCE OF THE UNIDROIT PRINCIPLES AS EXPRESSION OF INTERNATIONAL TRADE CUSTOM AS LONG AS THEY DO NOT CONFLICT WITH APPLICABLE LAW

REFUSAL BY RUSSIAN AUTHORITIES TO GRANT REQUESTED IMPORT LICENCE - BUYER PREVENTED TO TAKE DELIVERY OF THE GOODS - TERMINATION OF CONTRACT DUE TO FORCE MAJEURE - REFERENCE TO ARTICLES 1.7 (1); 3.15(1); 6.1.14, 6.1.15 AND 6.1.16(1); 7.1.7(1) OF UNIDROIT PRINCIPLES (1994 EDITION).


PLEASE NOTE THAT THE 1994 EDITION OF THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IS OFFICIALLY CONSIDERED AS ONE OF THE DOCUMENTS THAT ENSHRINES THE TRADE CUSTOMS APPLIED IN UKRAINE.(SEE PART 2, PARA. 6, PAGE 3 OF THE EXPLANATORY NOTE OF THE HIGH COMMERCIAL COURT OF UKRAINE NO. 01-8/211 FROM 07.04.2008).
RWANDESE 1
SALVADORAN 1
SCANDINAVIAN 1
SCOTTISH 1
SERBIAN 2
SINGAPOREAN 1
SLOVAKIAN 1
SLOVENIAN 1
SOUTH AFRICAN 1
SOUTH KOREAN 1
SOUTHWEST ASIAN 1
SPANISH 38
STATE OF THE FORMER SOVIET UNION 1
SWEDISH 8
SWISS 20
TURKISH 8
TURKMEN 1
UKRAINIAN 26
UNION OF EUROPEAN FOOTBALL ASSOCIATIONS (UEFA) 1
UNITED KINGDOM 3
UNITED NATIONS ORGANIZATION 2
UNITED STATES 38
URUGUAYAN 3
UZBEK 1
VENEZUELAN 3
VIETNAMESE 1
WEST INDIAN 2
WESTERN EUROPEAN 2

SELECTED CASES BY DOMESTIC LAW INVOLVED

KEYWORD Count of Cases
ALGERIAN LAW 1
ARGENTINIAN LAW 8
AUSTRALIAN LAW 14
AUSTRIAN LAW 3
BELORUSSIAN LAW 6
BRAZILIAN LAW 4
CHINESE LAW 14
COLOMBIAN LAW 5
COSTA RICAN LAW 4
CZECH LAW 1
DANISH LAW 1
DUTCH CARRIBEAN LAW 1
DUTCH LAW 7
ECUADORIAN LAW 1
EGYPTIAN LAW 1
ENGLISH LAW 16
FRENCH LAW 10
GERMAN LAW 6
GREEK LAW 1
INDIAN LAW 2
IRANIAN LAW 1
ITALIAN LAW 21
IVORIAN LAW 1
JAPANESE LAW 1
KAZAKH LAW 1
KUWAITI LAW 1
LAW OF A EASTERN EUROPEAN COUNTRY 1
LAW OF A NORDIC COUNTRY 1
LAW OF THE GERMAN DEMOCRATIC REPUBLIC 1
LAW OF THE STATE OF NEW YORK 1
LEBANESE LAW 1
LIBYAN LAW 1
LITHUANIAN LAW 16
MEXICAN LAW 2
NEW ZEALAND LAW 5
NORWEGIAN LAW 2
PARAGUAYAN LAW 18
POLISH LAW 3
PORTUGUESE LAW 3
QUEBEC LAW 3
ROMANIAN LAW 2
RUSSIAN LAW 74
SCOTTISH LAW 1
SERBIAN LAW 1
SPANISH LAW 27
SWEDISH LAW 5
SWISS LAW 11
TURKISH LAW 2
TURKMEN LAW 1
UKRAINIAN LAW 20
URUGUAYAN LAW 3

BY INTERNATIONAL LAW INVOLVED

Arbitral Award
ICC International Court of Arbitration, Paris 7365/FMS

05-05-1997
STATE CONTRACTS - CONTRACT FOR THE SUPPLY AND INSTALLATION OF MILITARY EQUIPMENT - BETWEEN A UNITED STATES CORPORATION AND THE IRANIAN AIR FORCE - PARTIES' CHOICE OF DOMESTIC LAW (IRANIAN LAW) - AGREEMENT BY PARTIES AS TO COMPLEMENTARY AND SUPPLEMENTARY APPLICATION OF THE GENERAL PRINCIPLES OF INTERNATIONAL LAW AND TRADE USAGES - ARBITRAL TRIBUNAL REFERENCE TO UNIDROIT PRINCIPLES TO DETERMINE CONTENT OF SUCH GENERAL PRINCIPLES

HARDSHIP - RIGHT TO DEMAND TERMINATION OR ADAPTATION OF CONTRACT (ART. 6.2.3(4) UNIDROIT PRINCIPLES)

IMPLIED OBLIGATIONS - GOOD FAITH AND FAIR DEALING (ARTS. 5.1 AND 5.2 [ARTS. 5.1.1 AND 5.1.2 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)

TERMINATION - RIGHT TO RESTITUTION (ART. 7.3.6 UNIDROIT PRINCIPLES)

INTEREST - RIGHT TO INTEREST INDEPENDENT OF A FORMAL REQUEST BY AGGRIEVED PARTY (ART. 7.4.9 UNIDROIT PRINCIPLES) - DOUBTFUL WHETHER THIS PROVISION CORRESPONDS TO GENERALLY ACCEPTED PRINCIPLES OF INTERNATIONAL LAW
Arbitral Award
ICC International Court of Arbitration 12111

06-01-2003
SALES CONTRACT - BETWEEN A RUMANIAN COMPANY AND AN ENGLISH COMPANY - REFERRING TO "INTERNATIONAL LAW" AS THE LAW GOVERNING THE CONTRACT - TO BE UNDERSTOOD AS REFERENCE TO THE GENERAL PRINCIPLES OF LAW AND THE LEX MERCATORIA - APPLICATION OF THE UNIDROIT PRINCIPLES (PARAGRAPH 3 OF THE PREAMBLE OF THE UNIDROIT PRINCIPLES)

PRINCIPLES OF EUROPEAN CONTRACT LAW - ACADEMIC EXERCISE PRELIMINARY TO A EUROPEAN CIVIL CODE - AS SUCH NOT YET APPLICABLE TO INTERNATIONAL COMMERCIAL CONTRACTS
Arbitral Award
Arbitration Institute of the Stockholm Chamber of Commerce

29-03-2005
STATE CONTRACTS - LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - BETWEEN A GIBRALTAR COMPANY AND A KYRGYZ STATE OWNED COMPANY -REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

BUYER'S FAILURE TO PAY THE PRICE DUE TO INSOLVENCY CAUSED BY INTERFERENCE BY ITS COUNTRY'S GOVERNMENT - GOVERNMENT LIABLE FOR DAMAGES VIS-A-VIS SELLER

INTEREST - TO BE CALCULATED ON THE BASIS OF INTERNATIONAL RULES - APPLICATION OF ART. 7.4.9 UNIDROIT PRINCIPLES CONSIDERED BY ARBITRAL TRIBUNAL "TO BE AN APPROPRIATE BASIS FOR DETERMINING THE INTEREST"
Arbitral Award
Ad hoc Arbitration, Brussels

19-08-2005
STATE CONTRACTS - SHARE PURCHASE AGREEMENT - BETWEEN A DUTCH COMPANY AND THE POLISH GOVERNMENT - TO BE DECIDED ON THE BASIS OF THE BILATERAL TREATY FOR THE PROTECTION OF INVESTMENTS AND "THE UNIVERSALLY ACKNOWLEDGED RULES AND PRINCIPLES OF INTERNATIONAL LAW" - REFERENCE TO THE UNIDROIT PRINCIPLES
Arbitral Award
Eritrea Ethiopia Claims Commission

17-08-2009
ERITREA ETHIOPIA CLAIMS COMMISSION - DAMAGES CLAIMS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE INTERNATIONAL LAW

DETERMINATION OF COMPENSATION FOR UNCERTAIN LOSSES - ASSESSMENT AT DISCRETION OF ADJUDICATING BODY - REFERENCE TO ARTICLE 7.4.3(3) UNIDROIT PRINCIPLES
Arbitral Award
Ad hoc Arbitration, The Hague

30-03-2010
STATE CONTRACTS - LONG-TERM CONTRACTS - EXPLORATION AND EXPLOITATION AGREEMENT - BETWEEN TWO UNITED STATES COMPANIES AND THE ECUADORIAN GOVERNMENT – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW AS WELL AS ECUADORIAN LAW)

LOSS OF A CHANCE – CRITERION FOR DETERMINING AMOUNT OF DAMAGES IN CASE OF BREACH OF THE BIT DUE TO DENIAL OF JUSTICE – REFERENCE BY ONE OF THE PARTIES TO ARTICLE 7.4.3(2) OF UNIDROIT PRINCIPLES – ACCORDING TO ARBITRAL TRIBUNAL ONLY ADMISSIBLE WHERE AMOUNT OF LOSS NOT DETERMINABLE – REFERENCE TO COMMENT 2 TO ARTICLE 7.4.3 OF UNIDROIT PRINCIPLES

FORCE MAJEURE – HARDSHIP – DISTRIBUTION BETWEEN THE PARTIES IN A JUST AND EQUITABLE MANNER OF THE LOSSES AND GAINS RESULTING FROM UNFORESEEABLE EVENT – REFERENCE TO UNIDROIT PRINCIPLES (COMMENT ARTICLES 7.1.7 AND TO ARTICLES 6.2.2 – 6.2.3(2)) AND TO PRINCIPLES OF EUROPEAN CONTRACT LAW (ARTICLE 6:111(3)(B)) AS A MEANS TO INTERPRET ECUADORIAN LAW (ARTICLE 1563 ECUADORIAN CIVIL CODE)
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

19-01-2007
STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN A UNITED STATES-TURKISH CONSORTIUM AND THE TURKISH GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

CONCESSION CONTRACT CONCLUDED WITH TERMS LEFT OPEN - ONE PARTY ARGUED THAT NEVERTHELESS CONTRACT HAD BEEN VALIDLY CONCLUDED INVOKING ARTICLE 2.1.14 UNIDROIT PRINCIPLES IN SUPPORT THEREOF - ARBITRAL TRIBUNAL BASICALLY CONFIRMS

ONE PARTY ARGUED THAT DUTY TO NEGOTIATE IN GOOD FAITH DOES NOT ENTAIL OBLIGATION TO REACH AGREEMENT INVOKING ARTICLE 2.1.15 UNIDROIT PRINCIPLES - ARBITRAL TRIBUNAL BASICALLY CONFIRMS
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

29-07-2008
STATE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A CONGOLESE COMPANY CONTROLLED BY A UNITED STATES COMPANY AND THE CONGOLESE GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

DISPUTE OVER THE LATTER'S FAILURE TO PAY THE FULL AMOUNT OF THE PRICE OF A CONSTRUCTION CONTRACT ENTERED INTO WITH THE FORMER

JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT NO CONTRACT HAD EVER BEEN CONCLUDED OR HAD NOT BEEN CONCLUDED IN WRITING - OBJECTION REJECTED - REFERENCE TO ARTICLES 2.1.1 AND 1.2 OF UNIDROIT PRINCIPLES 2004

JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT DISPUTE HAD ARISEN WHEN COMPANY WAS NOT YET CONTROLLED BY A US NATIONAL - OBJECTION ACCEPTED - MERE NON-PERFORMANCE AS DEFINED IN ARTICLE 7.1.1 OF UNIDROIT PRINCIPLES 2004 AMOUNTS TO DISPUTE

DISSENTING OPINION BY ONE OF THE ARBITRATORS - DECISION IF AND WHEN TO TRANSFORM OBLIGOR'S FAILURE TO PERFORM INTO DISPUTE UP TO OBLIGEE - REFERENCE TO ARTICLES 7.1.4 AND 7.1.5(1) OF UNIDROIT PRINCIPLES 2004
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

01-09-2009
APPLICATION FOR ANNULMENT OF AN ICSID AWARD RENDERED BETWEEN A UNITED STATES CORPORATION AND THE ARGENTINIAN GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

DETERMINATION OF EXTENT OF HARM - DISCRETIONARY POWER OF COURTS WHERE AMOUNT CANNOT BE ESTABLISHED WITH SUFFICIENT DEGREE OF CERTAINTY - REFERENCE BY CLAIMANT TO ARTICLE 7.4.3 (3) UNIDROIT PRINCIPLES - STANDARD OF COMPENSATION CONFIRMED BY BOTH ARBITRAL TRIBUNAL AND AD HOC COMMITTEE
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

03-03-2010
STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION AGREEMENT -BETWEEN GREEK AND ISRAELI INVESTORS AND THE GEORGIAN GOVERNMENT - CONCERNING THE CONSTRUCTION AND OPERATION OF OIL PIPELINES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

DISPUTE BETWEEN PARTIES AS TO SCOPE OF THE CONCESSION - WHETHER EXTRINSIC EVIDENCE ADMISSIBLE FOR THE PURPOSE OF CONSTRUING THE CONCESSION AGREEMENT - REFERENCE BY ONE OF THE PARTIES TO UNIDROIT PRINCIPLES IN SUPPORT OF ADMISSIBILITY - ARBITRAL TRIBUNAL, THOUGH WITHOUT EXPRESSLY REFERRING TO UNIDROIT PRINCIPLES, BASICALLY CONCURRED
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

16-06-2010
STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN FRENCH AND ARGENTINIAN COMPANIES AND THE MEXICAN GOVERNMENT – BIT AND GENERAL INTERNATIONAL LAW APPLICABLE - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF GENERAL PRINCIPLE OF INTERNATIONAL LAW

DAMAGES – COMPENSATION DUE ONLY FOR HARM, INCLUDING FUTURE HARM, ESTABLISHED WITH REASONABLE DEGREE OF CERTAINTY – REFERENCE TO ART. 36 ILC DRAFT ARTICLES ON RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS OF 2001 AND TO ART. 7.4.3 UNIDROIT PRINCIPLES
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

30-07-2010
STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN FRENCH AND SPANISH INVESTORS AND THE ARGENTINIAN GOVERNMENT - DUE TO ARGENTINA'S FINANCIAL CRISIS ARGENTINIAN AUTHORITIES ADOPTED A SERIES OF MEASURES NEGATIVELY AFFECTING PROFITABILITY OF FOREIGN INVESTORS' INVESTMENT - ALLEGED VIOLATION BY ARGENTINA OF BILATERAL INVESTMENT TREATIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

RESPONDENT INVOKING FORCE MAJEURE AS EXCUSE FOR VIOLATION OF BIT - OBJECTION REJECTED ON THE GROUND THAT RESPONDENT WAS PARTLY RESPONSIBLE FOR ITS FINANCIAL CRISIS

REQUEST FOR RE-NEGOTIATION OF TERMS OF CONCESSION - IN ACCORDANCE WITH INTERNATIONAL STANDARDS IMPOSING IN LONG-TERM CONTRACTS IN THE EVENT OF HARDSHIP AN OBLIGATION TO NEGOTIATE CONTRACT ADAPTATION - REFERENCE TO ARTICLE 6:111 PRINCIPLES OF EUROPEAN CONTRACT LAW AND ARTICLES 6.2.2 AND 6.2.3 UNIDROIT PRINCIPLES
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

31-10-2011
DISPUTE BETWEEN A UNITED STATES INVESTOR AND THE ARGENTINIAN GOVERNMENT - CONCERNING ALLEGED VIOLATION BY THE LATTER OF BILATERAL INVESTMENT TREATY (BIT) - ARBITRAL TRIBUNAL DECIDED TO APPLY THE BIT AND "INTERNATIONAL LAW, WHEN APPLICABLE" - REFERENCE TO UNIDROIT PRINCIPLES "A SORT OF INTERNATIONAL RESTATEMENT OF THE LAW OF CONTRACTS REFLECTING RULES AND PRINCIPLES APPLIED BY THE MAJORITY OF NATIONAL LEGAL SYSTEMS".

DEFENDANT INVOKING FORCE MAJEURE AS EXCUSE FOR VIOLATION OF BIT - OBJECTION REJECTED ON GROUND OF GENERAL PRINCIPLE OF "PRECLUSION OF WRONGFULNESS" - REFERENCE TO ARTICLES 6.2.2, 7.1.6 AND 7.1.7 UNIDROIT PRINCIPLES
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

01-06-2012
DISPUTE BETWEEN A UNITED STATES COMPANY AND THE SALVADORAN GOVERNMENT OVER THE LATTER'S ARBITRARY REFUSAL TO GRANT THE FORMER A MINING EXPLOITATION CONCESSION - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT DISPUTE HAD ARISEN WHEN CLAIMANT WAS NOT YET A UNITED STATES COMPANY

BREACH OF AN OBLIGATION UNDER INVESTMENT TREATY BY OMISSION - EXPLICIT REFUSAL TO GRANT CONCESSION NOT NECESSARY - MERE FAILURE TO RESPOND TO APPLICATION SUFFICIENT - REFERENCE TO ARTICLE 7.1.1 UNDIROIT PRINCIPLES
Iranian-U.S. Arbitral Tribunal
Iranian-U.S. Arbitral Tribunal (Full Tribunal)

02-07-2014
DISPUTE BETWEEN IRAN AND THE UNITED STATES OF AMERICA CONCERNING ALLEGED BREACH BY UNITED STATES OF ITS OBLIGATION UNDER ARTICLE VII, PARAGRAPH 2, OF THE 1981 CLAIMS SETTLEMENT DECLARATION ESTABLISHING THE IRAN-UNITED STATES CLAIMS TRIBUNAL – ACCORDING TO ARTICLE V OF THE 1981 CLAIMS SETTLEMENT DECLARATION TRIBUNAL BOUND TO “DECIDE ALL CASES ON THE BASIS OF RESPECT FOR LAW, APPLYING SUCH CHOICE OF LAW RULES AND PRINCIPLES OF COMMERCIAL AND INTERNATIONAL LAW AS THE TRIBUNAL DETERMINES TO BE APPLICABLE, TAKING INTO ACCOUNT RELEVANT USAGES OF TRADE, CONTRACT PROVISIONS AND CHANGED CIRCUMSTANCES”

UNITED STATES ORDERED TO PAY IRAN DAMAGES PLUS INTEREST – INTEREST CALCULATED “AT AN ANNUAL RATE EQUAL TO THE AVERAGE PRIME BANK LENDING RATE IN THE UNITED STATES” – TRIBUNAL SO DECIDED “[…] ALSO MINDFUL OF ARTICLE 7.4.9 (2) OF THE UNIDROIT PRINCIPLES 2010”
Netherlands
Gerechtshof Den Haag

11-09-2013
STATE CONTRACTS - LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN AN ENGLISH COMPANY AND AN IRANIAN GOVERNMENT AGENCY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

REQUEST FOR SETTING ASIDE OF ARBITRAL AWARDS APPLYING THE UNIDROIT PRINCIPLES AS RULES OF LAW GOVERNING THE SUBSTANCE OF THE DISPUTE - REQUEST REJECTED BY COURT (DUTCH COURT)

APPLICATION BY ARBITRAL TRIBUNAL ON ITS OWN MOTION OF ARTICLE 7.4.3(3) UNIDROIT PRINCIPLES - OBJECTION THAT ARBITRAL TRIBUNAL HAD EXCEEDED ITS MANDATE - REJECTED

LIMITATION PERIODS - A PARTY'S OBJECTION THAT OTHER PARTY'S CLAIMS WERE TIME-BARRED REJECTED BY ARBITRAL TRIBUNAL AS THE 1994 EDITION OF UNIDROIT PRINCIPLES DID NOT ADDRESS THE ISSUE

LIMITATION PERIODS - ARGUMENT THAT THE ISSUE WAS ADDRESSED IN THE SUBSEQUENT 2004 EDITION OF UNIDROIT PRINCIPLES REJECTED - RETROACTIVE EFFECT OF SUBSEQUENT EDITIONS OF UNIDROIT PRINCIPLES DENIED