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CISG CASE PRESENTATION

Russia 21 June 1996 Supreme Court: Review of court practice
[Cite as: http://cisgw3.law.pace.edu/cases/960621r1.html]

Primary source(s) of information for this case presentation: Alexandre Mouranov

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Case identification

DATE OF DECISIONS: 19960621 (21 June 1996)

JURISDICTION: Russian Federation

TRIBUNAL: Civil Chamber of the Supreme Court of the Russian Federation

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: No case number. Ruling contained in paragraph 14 of the Review of the court practice of the Supreme Court of the Russian Federation: "Some issues of court practice on civil matters".

CASE NAME: Unavailable

CASE HISTORY: 1st instance Tribunal of International Commercial Arbitration at the Russian Federation Chamber of Commerce and Industry 22 May 1994; 2d instance Arbitration Court of Moscow City 16 February 1996 [the Moscow City Court affirmed the ruling; the Civil Chamber of the Supreme Court also affirmed the ruling]

SELLER'S COUNTRY: Afghanistan (claimant)

BUYER'S COUNTRY: Russia (respondent)

GOODS INVOLVED: Jackets


Classification of issues present

APPLICATION OF CISG: Proceeding connected with the Model Law on International Commercial Arbitration (the Russian Law "On international commercial arbitration of 1993": based on the Model Law). Proceeding contains a general reference to the CISG.

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 53

Classification of issues using UNCITRAL classification code numbers:

53A [Buyer's obligations: obligation to pay price of goods]

Descriptors: Price ; Currency issues

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Editorial remarks

EDITOR: Alexandre Mouranov

The Russian buyer made payment for the goods in clearing dollars in favor of the Afghan seller. The Afghan bank of the seller did not accept the payment. The buyer refused to pay real dollars and the seller began the proceeding in the Tribunal of International Commercial Arbitration at the Russian Federation Chamber of Commerce. The award was in favor of the seller. In grounding the rights of the seller, the arbitrators referred to the CISG. The buyer applied to the Court of Moscow City to have the award set aside. This Court ruled against him. The Deputy-General Prosecutor submitted protest in favor of the buyer to the Civil Chamber of the Supreme Court of the Russian Federation, claiming that the arbitral award was in conflict with the public policy of the Russian Federation. The Civil Chamber of the Supreme Court rejected the protest.

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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): Text presented below; published also in the official journal of the Supreme Court, "Byulleten Verkhovnogo Suda Rossyskoi Federatsii [The Bulletin of the Supreme Court of the Russian Federation] (1998) No. 9, see paragraph 14 in subsection of the Review titled "Applying civil law norms"

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Case text

Click here to view the text of the case in Cyrillic

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Pace Law School Institute of International Commercial Law - Last updated August 1, 2000
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