- Arbitral Award
- International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation
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
In a dispute between two Russian companies arising out from a contract for the sale of land one of the issues to be decided by the Arbitral Tribunal concerned the proper interpretation of a term of the contract. The contract was governed by the law of the Russian Federation. In opting for one of several possible interpretations of the disputed contract term the Arbitral Tribunal invoked the "contra proferentem" rule as stated in Article 4.6 of the UNIDROIT Principles of International Commercial Contracts, which in the opinion of the Tribunal "in modern international practice of many arbitration courts are viewed as the recommended source of rules governing general issues of performance and interpretation of contracts of an international character".