- Arbitral Award
- International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation
SALES CONTRACT - BETWEEN A RUSSIAN PARTY AND AN ESTONIAN PARTY - GOVERNED BY DOMESTIC LAW – REFERENCE TO THE UNIDROIT PRINCIPLES FOR CONFIRMATION AT INTERNATIONAL LEVEL OF SIMILAR RULE PROVIDED FOR BY DOMESTIC LAW
HARM DUE IN PART TO AGGRIEVED PARTY – DAMAGES REDUCED ACCORDINGLY (ART. 7.4.7 UNIDROIT PRINCIPLES)
A Russian and an Estonian party entered into a sales contract, which provided for advanced payment by the buyer. Buyer made such advance payment, but when Seller delayed the delivery of the goods due to their delayed clearance through customs, Buyer requested payment of interest on the amount paid in advance.
Having found that the delay in the delivery of the goods by Seller was due in part to Buyer’s failure timely to provide Seller with the documents necessary for customs clearance, the Arbitral Tribunal decided to award to Buyer only half of the damages it has claimed for. In doing so the Arbitral Tribunal expressly referred to the principle of “concurrent” liability as provided for by the applicable domestic law; yet in addition it also referred to the UNIDROIT Principles which in Article 7.4.7 lay down a similar rule whenever the harm suffered by the aggrieved party is in part due to an act or an omission of that same party.
Not yet available}}
Notice of the award kindly given by Professor Alexander Komarov, President of the International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation}}