at Russian
Institute
of Modern
Arbitration
at Russian
Institute
of Modern
Arbitration
The Claimant field applied to RAC with a demand for Respondent to recover penalties for violation of the terms under the contract, according to which the Respondent accepted the obligations to develop TOR (private term of reference), WDD (working design documentation), QP (quality plan), manufacture and supply of equipment. The Arbitral Tribunal found the asserted claims reasonable and didn’t agree with the Respondent’s argument that the Claimant demanding a forfeit for the delay in fulfilling obligations to develop TOP, WDD, QP, and to supply of equipment, seeks to impose on the Respondent burden of triple civil law liability. An award also assessed the Respondent’s reference to the actions of third parties, not parties to the contract, to the establishment of non-working days in connection with the spread of COVID – 19, as the reasons for the delay in the fulfillment of obligations.
14.09.2021
