LLC Rescom-Tyumen (the claimant) brought an action against FSUE Rosmorport (the defendant) for damages of RUB 8,436,286.44 caused by improper ice channelling.

From 11-14 April 2019, the icebreakers Krasin and Vaigach escorted the Arktika-2 through an ice field. On 20 April 2019, while the Arktika-2 was berthed in the port of Sabetta, the crew discovered damage to the ship's bow.

In light of this damage, the claimant applied to Restransnadzor and Rosmorrechnadzor for an investigation into the incident. On 23 April 2019, the claimant notified the defendant of the damage to the Arktika-2 sustained during ice channelling. The claimant proposed conducting a joint survey of the ship and preparing a report. In a subsequent notice, the claimant claimed that the defendant was responsible for the damage sustained during ice channelling.

The claimant brought an action against the defendant to the Commercial Court of Moscow. The Court of first instance and the Court of Appeal dismissed the claim. The claimant submitted a cassation appeal.

Held: The cassation appeal is dismissed.

The Court of cassation referred to arts 310 and 312 of the Merchant Shipping Code of Russia (the MSC RF). These articles correspond to arts 1 and 3 of the Collision Convention 1910. The Court found that, in a collision, the ship bears the losses attributable to its fault.

The reports submitted to the Court and the expert opinion furnished by the Court confirmed that the damage to the Arktika-2 was caused by adverse weather and difficult ice-channelling conditions. The icebreakers did not breach any mandatory safety rules. The claimant failed to prove the exact time and location of the collision. The damage to the ship was attributable, among other things, to hull corrosion.

On that basis, the Court found that the icebreaker's fault in causing damage to the Arktika-2 was not proved in the proceedings and, therefore, the defendant was not liable for the claim.