- Russian Federation
- Tribunal of Int'l Commercial Arbitration at the Russian Federation Chamber of Commerce
SELLER'S RIGHT TO REQUIRE PAYMENT (ART. 62 CISG)
A Russian seller and a German buyer concluded a contract for the sale of goods. The buyer paid only a part of the contractual price. The seller claimed payment of full contract price plus the penalty for delay in payment contractually agreed. The buyer counterclaimed asking for damages allegedly sustained because of the inferior quality of the goods delivered.
The Court rejected the buyer's counterclaim regarding the alleged inferior quality of the goods and, applying Art. 62 CISG, stated that the buyer was bound to pay the balance of the contract price plus the penalty contractually agreed.
Original in Russian:
Excerpt in English:
- Journal of International Arbitration, 1, 2000 124-125}}