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Ruling of the Supreme Court Judicial Division for Economic Disputes of 30 January 2017 № 305-ЭС16-14210

Whether supplier may demand that the customer performs the contractual obligation to provide bank guarantee from a bank?

Judgment of the Presidium of the Supreme Commercial Court of 2 October 2012 № 6040/12 in the case The company “Vítkovice Power Engineering” vs BinBank

Point of law: whether guarantor (a bank) may refuse paying to the beneficiary under bank guarantee with reference to the fact that the principal failed to perform his contractual duty of returning advance payments to the beneficiary due to reasons which evolved without principal’s fault.

 

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