Russia 21 June 1996 Supreme Court: Review of court practice
[Cite as: http://cisgw3.law.pace.edu/cases/960621r1.html]
DATE OF DECISIONS:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
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:
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
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:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
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.
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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Pace Law School Institute of International Commercial Law - Last updated August 1, 2000