Data

Date:: 07-08-2012
Country:: Russian Federation
Number:: A70-1319/2011
Court:: Arbitrazh Court of Tyumen region
Parties:

Keywords

SALES CONTRACT - BETWEEN A RUSSIAN BUSINESS PERSON AND A COMPANY OF HONG KONG - CHOICE BY PARTIES OF UNIDROIT PRINCIPLES AS GOVERNING LAW

TERMINATION OF CONTRACT FOR NON-PERFORMANCE - ARTICLES 7.3.1 AND 7.3.6 OF UNIDROIT PRINCIPLES APPLIED

Abstract

Claimant, a Russian businessperson, entered into a sales contract with Respondent, a company from Hong Kong. The parties choose the UNIDROIT Principles as the law governing the contract. Claimant asked the Respondent to ship the goods to Saint Petersburg on the terms of CIF-Incoterms, and not to Klaipeda (Lithuania) on the terms of CFR-Incoterms, as however it actually did. Claimant terminated the contract invoking Art. 7.3.1 of the UNIDROIT Principles, and the Court decided in his favour applying also Art. 7.3.6 of the UNIDROIT Principles together with Russian law.

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