CMS Guide to the Battle of the Forms - Russia

Inclusion of Ts&Cs

National Law 

Russian law requires that the Ts&Cs must be agreed by the parties in order to be part of the contract. 

To include Ts&Cs into the contract parties shall make a reference to a particular version of Ts&Cs to avoid any ambiguities. 

A reference to one‘s Ts&Cs on offer documents is sufficient (unless there is a Battle of Forms situation) if the other party does have an access to such Ts&Cs. 

CISG 

From a Russian law perspective, under the CISG, the situation equals the situation described for national law.

Battle of Forms

National Law 

Under Russian law, the Last-Shot Rule applies. 

CISG 

From a Russian law perspective, under the CISG, the Last-Shot Rule applies.