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CISG CASE PRESENTATION

Russia 23 December 2009 SupremeArbitration Court (or Presidium of Supreme Arbitration Court) of the Russian Federation
[Cite as: http://cisgw3.law.pace.edu/cases/091223r1.html]

Primary source(s) of information for case presentation: UNCITRAL case abstract

Case Table of Contents


Case identification

DATE OF DECISION: 20091223 (23 December 2009)

JURISDICTION: Arbitration ; Russian Federation

TRIBUNAL: Vysshi Arbitrazhnyi Sud Rossyiskoi Federatsii [High Arbitration Court (or Presidium of Supreme Arbitration Court) of the Russian Federation]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: VAS-16382/09

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Poland

BUYER'S COUNTRY: Russia

GOODS INVOLVED: Goods and interest


UNCITRAL case abstract

RUSSIAN FEDERATION: Judicial Division of the Supreme Arbitration Court of the Russian Federation (VAS)
Case No. VAS-16382/09 of 23 December 2009

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/113],
CLOUT abstract no. 1108

Reproduced with permission of UNCITRAL

Abstract prepared by A. S. Komarov, National Correspondent, A. I. Muranov and N. S. Karetnaya

A Polish seller sued a Russian buyer, claiming the payment of moneys owed for goods supplied, plus interest.

The court upheld the claims in full, citing the creation of a business relationship between the parties relating to an international sale, governed by the practices established between the parties, as provided for in CISG. The decision of the court of appeal overturned that decision and rejected the claims for compensation. The court of cassation upheld the latter decision.

The Polish company, claiming the incorrect application of CISG, submitted a complaint to the Supreme Arbitration Court of the Russian Federation, which upheld the decisions of the court of first instance and court of cassation, on the following grounds.

Under articles 12 and 96 CISG, a provision is in force in the Russian Federation that a contract for international sale of goods must be put in writing. The sales transaction between the seller and the buyer was not put in writing. The receiver of the goods and the payer was a third party. The seller did not deliver the goods to the buyer's address, did not receive payment from the buyer and was not notified by the buyer that the goods had been transferred to the third party. Notwithstanding the plaintiff's argument that the custom and practice had grown up between itself and the respondent to deliver and pay for goods in this way, the Supreme Arbitration Court decided that CISG was not applicable, in particular article 9, under which the legal relationship relating to the sale could be governed by business practices established between the parties. Thus no contract for international sale existed between the parties to the dispute.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 9 ; 12 ; 96

Classification of issues using UNCITRAL classification code numbers:

9C [Practices established by the parties];

96 [Declaration Preserving Domestic Formalities: Written Form]

Descriptors: Writing, definition of

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Russian): online database of court judgements <http://kad.arbitr.ru>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated January 24, 2012
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