at Russian
Institute
of Modern
Arbitration
at Russian
Institute
of Modern
Arbitration
The Claimant field applied to arbitration with a demand to recover a forfeit for violation of the term for the provision of services for cleaning the protected area. The Respondent cited force majeure circumstances in the form of incessant snowfall as the cause of his violations. The height of the snow cover at the time of the Respondent’s decision on the impossibility of continuing the work exceeded the climatic norm in this region of Russia. These circumstances, as well as the unscrupulous the Claimant’s behavior, expressed in the failure to sign an agreement on changing the terms of the provision of services, the Respondent qualified as the basis for refusal to meet the requirements, as well as to apply Art. 333 of the Civil Code of the Russian Federation. The Arbitral tribunal, after reviewing the positions of the Parties, resolved the issue of whether the Respondent’s alternative defense could be based on the same circumstance.
27.12.2019
