- Russian Federation
- Arbitrazh Court of Saint Petersburg and Leningrad area
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AND OTHER INTERNATIONAL AND FOREIGN LEGAL SOURCES TO SUPPLEMENT APPLICABLE DOMESTIC LAW (RUSSIAN LAW)
IMPUTATION OF PAYMENTS - REFERENCE, AMONG OTHERS, TO ARTICLES 6.12 (1) OF UNIDROIT PRINCIPLES AND 7:109 (4)OF PRINCIPLES OF EUROPEAN CONTRACT LAW
Two Russian companies entered into a sales contract. Claimant, the seller, brought an action against Respondent, the buyer, for the payment of overdue interest.
The Court decided in favour of Claimant on the basis of Art. 6.1.12 (1) of the UNIDROIT Principles, § 367 BGB, Art. 1174 of the French civil code, Art. 7:109 (4) of the Principles of the European contract law, dealing with the imputation of payments.