Cargo (knitwear) was transported in a container by direct mixed water-rail service from Astrakhan to Omsk. The cargo arrived in a serviceable container for the consignor’s intact seals 10 days overdue. When opening the container, the cargo was damaged. According to the conclusion of the examination, the cargo had traces of podmochki. It turned out that during transshipment from a river vessel to a railway carriage, the container was “dipped” into the water. The claim submitted by the consignee for the reimbursement of the value of the damaged cargo and the payment of a fine for the delay in its delivery was rejected by the railway, stating that the shipping company, which caused its tamping, should be responsible for damage. In this regard, the consignee must file a claim and claim against the shipping company. As for the delay, it occurred due to weather conditions, besides the fine for the delay in the contract of carriage was not set.
The consignee filed a lawsuit against OAO Russian Railways and Shipping Company for reimbursement of the value of the damaged goods and the recovery of a fine for delay in the form of a joint payment.
What decision should make an arbitration court?
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