Data

Date:: 25-12-2012
Country:: Russian Federation
Number:: A73-13600/2012
Court:: Arbitrazh Court of Khabarovsk area
Parties:

Keywords

SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND AN HONG KONG COMPANY - UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

FREEDOM OF THE PARTIES TO AGREE ON THE PRICE - REFERENCE TO EXISTING RUSSIAN REGULATION, TO GATT AND TO ARTICLE 1.1 UNIDROIT PRINCIPLES

Abstract

Claimant, a Russian company, and CHINARUNZEECONOMICANDTRADELIMITED, a Hong Kong LLC, entered into a contract of sale and delivery of goods under the terms of FCA Tuntszjan, FCA Sunfenhe, FCA Zhaohe, FCA Mishan. Upon delivery, Respondent,the customs office of the Russian Federation, increased the amount of the customs payments declared by Claimant. Claimant filed a law suit against that decision. The court complied with the request of Claimant, basing its on the provisions of the Customs code of the Customs Union, the GATT and the UNIDROIT Principles of International Commercial Contracts (Art. 1.1. freedom of the contract).

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