Brief of Case-High Arbitration Court of the Russian Federation

Brief of Case-High Arbitration Court of the Russian Federation

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Brief of Russian Federation Case Facts of case: Plaintiff is seller, a joint stock company called Electrim from Poland. Defendant is buyer, a joint-stock company called Firma Kosmos from Russian Federation. The parties entered into a contract. The seller should deliver onions to the buyer and the buyer should pay the goods. Before second delivery, the seller offered the buyer to change the terms of delivery by fax and they changed the contract and the price. On arrival of the goods, the buyer refused to pay because of said improper quality of goods. Therefore, the seller sued the buyer for recovering damage with the interest, as well as for the court expenses. Issues: Is the contract valid and should the defendant pay the debt and interest even though modification of the contract has been done during delivery?
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Unformatted text preview: Holding: It is affirmed that the contract was changed in a written form and the buyer is bound to pay the debt and interest on it. Rationale: The court applied Article12 of CISG, holding that contract of sale shall be made or modified in written form. Moreover, the modification of the terms of delivery is a written agreement between the parties. Additionally, the buyer chartered a ship and paid the cost of freight, which can be evidence of modification agreed by the buyer. Besides, an agent of the buyer signed a certificate of acceptance, which is another evidence of the proper quality of the goods. For all these reasons, its unreasonable for the buyer to refuse to pay. The buyer is bound to pay the debt and interest on it and the seller is entitled to receive the recovery....
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This note was uploaded on 11/22/2011 for the course BUS 401 taught by Professor Terrywilson during the Spring '11 term at Solano Community College.

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