- Russian Federation
- Thirteenth circuit arbitrazh court of appeal
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO RUSSIAN COMPANIES – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE LAW (RUSSIAN LAW).
NOTION OF FORCE MAJEURE – REFERENCE TO ARTICLE 7.1.7 OF UNIDROIT PRINCIPLES
Two Russian companies entered into an agreement for the supply of goods. When one of the parties failed to perform its obligations it invoked a case of force majeure as an excuse for its non-performance. The Court excluded the existence of an exempting event and in support of its decision the Court referred to both Article 401(3) of the Russian Civil Code and Article 7.1.7 of the UNIDROIT Principles.