- High Commercial Court of Ukraine
LONG-TERM CONTRACTS - COOPERATION AGREEMENT - BETWEEN A POLISH COMPANY AND AN UKRAINIAN COMPANY - UKRAINIAN LAW AS GOVERNING LAW - REFERENCE TO THE UNIDROIT PRINCIPLES DEFINED BY COURT AS "GENERAL RULES OF INTERNATIONAL COMMERCIAL CONTRACTS"
GENERAL PRINCIPLE OF GOOD FAITH AND FAIR DEALING - REFERENCE TO ARTICLE 1.7 UNIDROIT PRINCIPLES
Claimant, a Polish company, brought an action against Respondent, a Ukrainian company, requesting payment of the money due under an agreement of commercial cooperation entered into between the parties.
In deciding to remand the case to a Court of First Instance, the High Commercial Court of Ukraine, though the applicable law was Ukrainian law, directed that Court to consider the general principles of justice on good faith and fair dealing, as laid down in Article 1.7 of the UNIDROIT Principles which it defined as “the general rules of international commercial contracts”.
Decision indicated by}}
Original in Ukrainian available at the Unified State Register of Court Decisions: http://www.reyestr.court.gov.ua/}}