- Russian Federation
- N ???-14316/11
- Supreme Commercial Court of Russian Federation
- Unics v. EX Cargotransservice
TRANSPORT CONTRACT BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE DOMESTIC LAW (RUSSIAN LAW)
DAMAGE TO GOODS IN COURSE OF TRANSPORTATION - CARRIER LIABLE FOR DAMAGES UNLESS IT PROVES THAT DAMAGE WAS CAUSE BY EVENT AMOUNTING TO FORCE MAJEURE AND THAT IT COULD NOT AVOID OR OVERCOME THE CONSEQUENCES OF THE FORCE MAJEURE - REFERENCE TO ART.796 RUSSIAN CIVIL CODE AND TO ART. 7.1.7(1) UNIDROIT PRINCIPLES
Two Russian companies entered into a transportation contract. In the course of transportation the goods got damaged. The shipper brought an action against the carrier claiming damages for the loss suffered. The carrier denied any liability on account of the fact the loss to the goods was caused by an event amounting to force majeure.
In its decision the Court referred to Art. 796 of the Russian Civil Code, stated that the carrier is responsible for the loss of the goods unless it submits evidence that the loss occurred due to a force majeure circumstance. Moreover the Court, pointed out that according to international practice as reflected in Art. 7.1.7 (1) of the UNIDROIT Principles the defaulting party must prove not only the occurrence of such such an event but also prove that it could not avoid or overcome the consequences of the force majeure.