Data
- Date:
- 09-04-2009
- Country:
- Arbitral Award
- Number:
- 64/2008
- Court:
- International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation
- Parties:
- --
Keywords
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
Abstract
Claimant, a Polish company, entered into a construction contract with Respondent, a Russian company, in which Claimant was the purchaser and Respondent the contractor. A dispute arose when Respondent allegedly failed to perform one of its obligations and Claimant required the performance by Respondent.
The Arbitral Tribunal decided to apply the Civil Code of Russian Federation and the UNIDROIT Principles of International Commercial Contracts as the law applicable to the substance of the dispute and granted Claimant the remedy of specific performance on the ground that, in view of the special nature of the performance to be rendered by Respondent, Claimant could not reasonably be expected to obtain the same performance from another company. In support to its decision the Arbitral Tribunal referred to Article 7.2.2 of the UNIDROIT Principles.
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