This was a claim made by JSC Baltic Merkur (the claimant) against LLC Broks Logistics (the defendant). The action was brought over a year after the incident. The value of the claim was USD 3,540.

The defendant entered into a freight forwarding contract with CIS Navigation on 1 September 2021. According to this agreement, CIS Navigation (the freight forwarder) undertook to arrange international carriage from Jessup, USA, to Saint Petersburg, Russia. The actual carrier was ARRC (the carrier), which was approached by the freight forwarder. The transportation involved four containers. The defendant leased these containers from the carrier. The claimant was a maritime agent of the carrier. Since February 2022, processing international payments has become more complicated. This caused several disputes between the parties. Among others, a dispute occurred regarding the payment for using the containers. As a result, the carrier retained one of the four containers used in the voyage. The period of retention was from 2 March 2022 to 31 March 2023. The container was finally returned to the carrier on 5 April 2022. The carrier claimed demurrage.

On 4 April 2022, the carrier assigned all its rights concerning these arrangements to the claimant.

The Court of first instance dismissed the claim because it was submitted outside the limitation period provided by art 408 of the Merchant Shipping Code of Russia (the MSC RF), which provides for a one-year limitation period for claims arising out of carriage contracts. The Court of Appeal upheld the judgment. The claimant submitted a cassation appeal.

Held: The cassation appeal is dismissed.

The claim arose out of retention. Therefore, the circumstances surrounding the retention were material to the claim. They also affect the question of whether the claim was time-barred.

The retention, in turn, was connected with the failure to pay for using the container. It became possible only because the carrier transported cargo. The defendant is the carrier's assignee. So, the retention occurred in connection with the contract of carriage of goods. Therefore, the claim arose out of the carriage arrangements and is covered by the limitation period stipulated in art 408 of the MSC RF.