- Arbitral Award
- International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation
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.
Claimant, a Polish company, entered into a construction contract with Defendant, a Russian company. A dispute arose when Claimant requested Respondant to hand over the full set of technical documentation.
The contract was governed by the law of the Russian Federation but the Arbitral Tribunal, having found no specific regulation in applicable Russian civil law dealing with a claim for specific performance of an obligation to deliver the requested documentation, decided to resort to the UNIDROIT Principles which it characterized as recommended instrument containing the general rules on performance of contractual obligations of international character and applied Article 7.2.2 of the UNIDROIT Principles to confirm the right of Claimant to require form Respondent the handing over of the requested documentation.