- Dnipropetrovsk Regional Commercial Court
SALES CONTRACT - BETWEEN AN UKRAINIAN STATE-OWNED COMPANY AND ANOTHER UKRAINIAN COMPANY - UNIDROIT PRINCIPLES CONSIDERED TO ENSHRINE INTERNATIONAL TRADE CUSTOMS IN UKRAINIAN LAW - APPLICABLE ONLY IF NOT CONFLICTING WITH THE TERMS OF THE CONTRACT.
Claimant, a subsidiary of a Ukrainian state owned company, entered into a sales contract for the purchase of bitumen by public funds with Respondent, another Ukrainian company. Subsequently, Claimant filed a suit seeking the collection of debt.
The Court rejected the claim and in an obiter dictum the Court recalled the High Commercial Court's Official Note, which states that the 1994 ed. of the Unidroit Principles of International Commercial Contracts, as well as the UCPs and INCOTERMS, are officially considered in Ukraine as documents that enshrine the trade customs and pointed out that these instruments apply only if not conflicting with the terms of the contract.
Original in Ukrainian available at the Unified State Register of Court Decisions: http://www.reyestr.court.gov.ua/}}