- Kyiv District Administrative Court
DISPUTE BETWEEN THE UKRAINIAN MINISTRY OF ECONOMY AND A PAKISTANI COMPANY - UKRAINIAN LAW APPLIES
UNIDROIT PRINCIPLES CONSIDERED TO ENSHRINE INTERNATIONAL TRADE CUSTOMS IN UKRAINIAN LAW - APPLICABLE ONLY IF NOT CONFLICTING WITH THE TERMS OF THE CONTRACT
Claimant, a subsidiary of a Ukrainian state controlled company, entered into a contract with a Pakistani company for the supply of spare parts for tanks. Subsequently, when the Ministry of Economy of Ukraine refused to issue the necessary classification ("opinion") of the contract in question, Claimant brought an action against the Ministry of Economy, asking the Court to declare the Ministry's refusal as unlawful and to order it to issue the classification. Respondent argued that its refusal was due, among others,to the fact that the contract referred to a version of INCOTERMS no longer in force.
In ordering Respondent to issue the requested classification, the Court referred, among others, to the High Commercial Court's Official Note of 2008, which states that INCOTERMS, the UCPs and the 1994 ed. of the Unidroit Principles of International Commercial Contracts are officially considered in Ukraine as documents that enshrine the trade customs, pointing out that these instruments apply only if not conflicting with the terms of the contract.
Original in Ukrainian available at the Unified State Register of Court Decisions: http://www.reyestr.court.gov.ua/}}