Data

Date:
09-09-1994
Country:
Russian Federation
Number:
375/93
Court:
Tribunal of Int'l Commercial Arbitration at the Russian Federation Chamber of Commerce
Parties:
Unknown

Keywords

DAMAGES (ART. 74 CISG) - DELAY IN LOADING THE GOODS DUE TO BUYER'S ACT - COST OF STORAGE - RECOVERABLE

INTEREST - INTEREST RATE (ART. 78 CISG) - STATUTORY RATE OF THE CREDITOR'S COUNTRY

Abstract

The seller performed the contract in accordance with its terms and conditions and delivered the goods to the buyer. The buyer did not present any claims with regard to the goods nor did it pay the price of these goods.

The seller requested the buyer to pay for the goods as well as compensation for the loss sustained as a result of the buyer's breach of contract. This loss included the cost of storage of the goods at the port of loading on account of the delay of the ship which was to be provided by the buyer. The seller presented to the tribunal the bills it had paid for storage. The amount indicated on these bills corresponded to the charges usually made for this kind of operation.

The Tribunal decided in favor of the seller and ordered the buyer to pay the price of the goods as well as damages as provided in Art. 74 CISG. The Tribunal also awarded, on the basis of Art. 78 CISG, interest on all the sums the seller owed at the rate provided for by the law of the seller's country.

Fulltext

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Source

Original in Russian:
- Unpublished

Source:
A.S. Komarov, President of the Tribunal of International Commercial Arbitration at the Russian Federation Chamber of Commerce, Moscow}}