CISG CASE PRESENTATION

Russia 17 November 1994 Arbitration proceeding 493/1993
[Cite as: http://cisgw3.law.pace.edu/cases/941117r1.html]

Primary source(s) of information for this case presentation: Michael R. Will

Case Table of Contents

• Case identification
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries
• Guide to links contained in case presentations

Case identification

DATE OF DECISIONS: 19941117 (17 November 1994)

JURISDICTION: Arbitration; Russian Federation

TRIBUNAL: Tribunal of International Commercial Arbitration at the Russian Federation Chamber of Commerce and Industry

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 493/1993

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Unavailable

BUYER'S COUNTRY: Unavailable

GOODS INVOLVED: Unavailable

Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issues: Articles 1(1)(a) ; 6 ; 7(2) ; 35 ; 61 ; 62 ; 74 ; 78 ; 79

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

Arbitration proceeding 493/1993 is an example of a case in which "[t]he ICAC has interpreted the notion 'damages' under the CISG as consisting of 'real loss' and 'loss of profit'. In this regard, it must be pointed out that the Convention does not establish a category of 'real loss'. Presumably, the reason that the ICAC has used such a term is that this term is used in Article 15(2) of the Russian Civil Code. According to this Article, 'real loss' is defined as 'expenses, which a person whose right has been infringed, has incurred or will have to incur in order to redress the infringed right, loss or damage to its property.'

"In essence, this can be said to be in line with the approach taken by the CISG. The latter defines damages as 'the loss, including loss of profit, suffered by the other party as a consequence of the breach.' Therefore, the category of 'real loss' is analogous to 'the loss, excluding loss of profit, suffered as a consequence of the breach'. However, even if in substance the ICAC has given correct interpretation of the elements of damages under the CISG, it is nevertheless submitted that utilization of terms used in a domestic legal system should not be permissible. Usage of domestic legal terminology is inconsistent with the Convention's 'international character' and the need to 'promote uniformity in its application'." Djakhongir Saidov, 7 Vindobona Journal of International Commercial Law and Arbitration (1/2003) 1-62 at 41-42. (citations omitted)

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Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Russian): Unavailable

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Russian: Rozenberg, Kontrakt mezhdunarodnoj kupli-prodazhi. Sovremennaja praktika zaklijutchenija. Razreshenie sporov [International Sales Contracts], Mezhdunarodnyj centr finansovo-ekonomitcheskogo razvitija, Moscow [1996¹] 34, 42-43, 46, 56-59; Rozenberg, Kontrakt [1996²] 36, 44-45, 49, 56, 59-61; Rozenberg, Kontrakt [1998³] 35, 46-47, 52-53, 59, 61-64