- Russian Federation
- Fourth circuit Arbitrazh Court of Appeal
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
A Russian company entered into two supply contracts with two Chinese companies which according to the Russian Customs Authority were unenforceable because they did not contain certain terms and conditions such as the time of delivery of the goods and the manner of payment for each shipment. The Court rejected the findings of the Customs Authority referring to Article 1.1. of the UNIDROIT Principles and the fundamental principle of freedom of contract therein laid down.
Information kindly provided by Dr. Olga Fonotova (Moscow)}}