분야
hwp2. FACTS AND PLEADINGS
3. TRIBUNAL'S REASONING
4. [RULING OF THE TRIBUNAL]
Case abstract
RUSSIAN FEDERATION: Award in Case No. 166/1995 of 12 March 1996 of the Arbitration Tribunal of Russian Federation Chamber of Commerce and Industry
Case law on UNCITRAL texts (CLOUT) abstract no. 461
Reproduced with permission of UNCITRAL
Abstract prepared by Alexander Komarov, National Correspondent
Under an agreement concluded in October 1993, a Russian company, the seller, delivered goods on CFR terms to a buyer in Ecuador, but after a few days defects were found, preventing the goods from being used for their proper purpose. The seller offered to exchange the defective goods with conforming goods, but the buyer did not accept the offer and sued, demanding reimbursement of the value of the defective goods and compensation for losses sustained. The seller refused, stating that the manufacturer would not accept the return of any of the goods to Russia and recommended that the goods should be disposed of as the buyer saw fit.