Data
- Date:
- 26-05-2003
- Country:
- Russian Federation
- Number:
- KG-A40/3225-03
- Court:
- Federal Arbitration Court for the Moscow Region
- Parties:
- --
Keywords
MATERIAL SCOPE OF CISG - BARTER CONTRACTS - NOT COVERED BY CISG - APPLICATION OF CISG EXCLUDED
Abstract
A company from Cyprus brought an action against a state-owned Russian enterprise claiming performance of several contracts concluded between the parties.
Both the first instance Court (the Arbitration Court for the City of Moscow) and the appellate Court (the Appellate Division of the Arbitration Court for the City of Moscow) rejected the claimant’s arguments. Then, the company from Cyprus filed an action before the Federal Arbitration Court for the Moscow Region, arguing, inter alia, that the lower Courts should have applied CISG in settling the dispute.
The Federal Arbitration Court denied that CISG was applicable in the case at hand, since the contracts, the performance of which the claimant was seeking, were barter contracts and, therefore, not covered by CISG (Art.1(1)(a)CISG).
Fulltext
}}
Source
Original in Russian:
- unavailable
English translation available at the University of Pace website, http://www.cisg.law.pace.edu/}}