- Russian Federation
- Arbitrazh Court of the Krasnoyarsk region
LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)
FORCE MAJEURE - REFERENCE TO ARTICLE 7.1.7 IN SUPPORT OF SIMILAR SOLUTION UNDER RUSSIAN LAW
Claimant and Respondent, both Russian companies, entered into a service agreement, under which Claimant was the customer and Respondent was the operator providing access to the net of communication channels. In the course of performance an interruption of the service occurred causing considerable losses to Claimant which brought an action for damages.
Respondent objected that the interruption was the result of a black out of the solar battery which he could neither reasonably foresee, or avoid, or overcome its consequences.
Consequently the Court held that it was a case of force majeure which excluded any liability of Respondent for its non-performance. In support of its finding the Court relied not only on Russian law but also on Article 7.1.7. of the UNIDROIT Principles.