- Russian Federation
- Tribunal of Int'l Commercial Arbitration at the Russian Federation Chamber of Commerce
BUYER'S FAILURE TO PAY THE PRICE - ACKNOWLEDGMENT OF DEBT - SELLER'S RIGHT TO PAYMENT
The contract was made between a Russian company and an Italian company. The goods had been delivered in full quantity. At the time of delivery there had been no complaints by the buyer with regard to the delivered goods. However the buyer did not pay the price of the goods.
The seller presented to the Tribunal the telex message the buyer had addressed to the seller inter alia informing the seller that it had given instructions to its financial department to make payment for the goods delivered by the seller. Moreover, the buyer suggested postponing payment because it had received quality claims from its customers concerning the goods. However, the buyer did not present to the Tribunal any evidence of such claims.
The Tribunal concluded that the above-mentioned telex message constituted acknowledgment of the debt to pay the price for the goods delivered in accordance with the contract. The buyer did not present to the Tribunal any evidence which might have proven that it should have been released from its obligation to pay the contract price. The Tribunal decided the case in favor of the seller referring to the application of Arts. 61 and 62 CISG.
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Original in Russian:
A.S. Komarov, President of the Tribunal of International Commercial Arbitration at the Russian Federation Chamber of Commerce, Moscow}}