- Russian Federation
- Fourth circuit Arbitrazh Court of Appeal
SALES CONTRACT - BETWEEN RUSSIAN AND CHINESE COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)
PARTIES FREE TO DETERMINE CONTENT OF CONTRACT - REFERENCE TO ARTICLE 1.1. UNIDROIT PRINCIPLES
Claimant, a Russian company, entered into a sales contract with a Chinese company. The contract provided for transportation on road FCA Manchuria. Respondent in the case at hand is the Customs office of Chita which issued a decision to change the price of the goods. Claimant filed an action with the Court of first instance requesting to declare Respondent´s decision null and void. The Court held that Respondent´s decision was indeed null and void, and sthe court of Court of Appeals confirmed that decision.In so doing the Court of Appeal applied Russian domestic law, but referred also to Art. 1.1. of the UNIDROIT Principles of International Commercial Contracts, which states the principle of freedom of contract of the parties.