Determination of the Place of Performance of International Energy Transit Contracts

The article discusses the theoretical problems of determining the place of energy transit contracts complicated concluded for the purpose of supplying electricity to countries that are not members of the Eurasian Economic Union. The author concludes that the place of performance of energy transit contracts may not coincide with the place of performance of energy sale contracts. The parties of contracts have the right to determine the place of performance by themselves, based on the principle of autonomy of will, as well as by applying Incoterms. At the same time, these methods will regulate individually established relations within the framework of the contract. It cannot be attributed as sources of private international law. The article also concludes that determining the place of execution of the contract for the transit of electric energy, the parties should proceed from: 1) the specifics of the national legislation of the seller of electric energy and the country of transit; 2) the specifics of the energy system of the countries involved in the transit process; 3) the number of transit countries.