RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of November 25, 2005 No. 10-0508/8127

(extraction)

In case the party which signed the provisional agreement evades from the conclusion of the basic agreement, the provisions provided by parts 6 and 7 of Article 361 of RUZ Group are applied (the conclusion of the agreement without fail).

JSC O appealed to economic court with the claim to the defendant of GAVK "U" for precontractual dispute.

Claims are satisfied by the judgment of August 19, 2005.

In appellate instance case was not considered.

Without having agreed with the decision, GAVK "U" appealed to the Supreme Economic Court with the writ of appeal in which it asks the decision to cancel, to refuse to the claimant the claim.

Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the writ of appeal unreasonable on the following bases.

As it is seen from case papers on October 1, 2004 between the claimant and the defendant the agreement N007/2004-AK "On rendering services in transfer and the feasibility study for hlopko-fiber on centralized export through free warehouse of JSC O is signed.

The specified agreement is signed by the defendant with the protocol of disagreements. Disputed issue under the specified contract between the parties are Items 1 and 2 of the appendix N1 to the agreement where the claimant specifies rate for acceptance and unloading arrived yes base of cotton products - 3, 67 US dollars for net weight ton, and for the statement of the warehouse receipt 3, of 33 US dollars for net weight ton.

The defendant in the protocol of disagreements to the agreement in Item 1 of the appendix N1 offers rate 3, of 67 US dollars for ton of net weight to change to 3,17, and to exclude Item 2 of the appendix N1.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info