- Arbitral Award
- International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation
SALES CONTRACT - BETWEEN A RUSSIAN PARTY AND AN ENGLISH PARTY - SILENT AS TO THE APPLICABLE LAW – REFERENCE TO UNIDROIT PRINCIPLES AS ONE OF RELEVANT LEGAL SOURCES
INTERPRETATION OF A PARTY’S STATEMENTS AND CONDUCT – MEANING A REASONABLE PERSON OF SAME KIND AS THE OTHER PARTY WOULD GIVE TO IT (ART. 4.2(2) UNIDROIT PRINCIPLES)
In a sales contract between a Russian and an English party. Buyer had to return the goods delivered by Seller and asked for the reimbursement of the costs incurred. Seller objected to the amount claimed, arguing that Buyer has not properly followed the instructions Seller has given it concerning the time and order in which to return the goods.
In interpreting Seller’s instructions the Arbitral Tribunal resorted among other legal sources also to the UNIDROIT Principles. In particular it referred to Art. 4.2(2) UNIDROIT Principles, according to which statements and other conduct of a party shall be interpreted, unless the other party knew or could not have been unaware of that party’s intention, according to the meaning that a reasonable person of the same kind as the other party would give to it in the same circumstances.
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