In July 2022, the vessel Ahmet Telli caught fire. The vessel was rescued by the FSBI Morspassluzhba (the claimant). The claimant submitted several claims against Gemiciler Denizcilik Savayi Ve Ticaret Ltd Sirketi, the owner of the ship (the defendant). The vessel was arrested in parallel proceedings regarding the salvage reward (see CMI2333). The claim in the present proceedings for RUB 11,997,985.63 related to ensuring the vessel’s safe anchorage. The ship was arrested to secure this claim on 18 August 2022. The defendant submitted an application to release the ship after providing an alternative security in the form of RUB 5,998,992.82, 50 per cent of the claim, deposited in the Court's bank account.

Held: The arrest is set aside.

Under art 99(1) of the Commercial Procedure Code of Russia (the CPC RF), the commercial court may grant an interim measure to secure the applicant's property interests. Under art 99(6) of the CPC RF, the defendant may apply to set the security measure aside with the provision of counter-security.

According to s 12 of the Informational Letter of the Presidium of the Supreme Commercial Court of Russia No 78 dated 7 July 2004 (Informational Letter No 78), a court may amend the interim measure granted if the counter-security is proper and sufficient to secure the claim. A court considering the application to amend the measure establishes whether the provided counter-security is proportionate to the claim. Under s 9 of the Informational Letter No 78, counter-security should be guaranteed and unconditional.

The arrest of ships is a special security measure. Therefore, the provisions of the CPC RF are general (lex generalis) in relation to the specific provisions of the Merchant Shipping Code of Russia (the MSC RF) (lex specialis). Under art 391(2) of the MSC RF, if the parties fail to agree on the form and amount of the counter-security, the commercial court decides this issue. The amount of the counter-security cannot be higher than the ship's value. The value of the ship was USD 416,419.

The Court emphasised that security measures are a means to ensure balancing of the parties' interests and preserve the status quo in their relations. Pursuant to s 13 of the Resolution of the Plenum of the Supreme Commercial Court of Russia No 55 dated 12 October 2006, the security measures should be proportionate to the claims they secure. The commercial court decides on the proportionality of the claim, taking into account the correlation between the claimant's rights and interests and the value of the property to be arrested or the consequences of granting the relevant measure.

Due to the ship's detention, the defendant cannot continue its normal commercial activity, which is the transportation of oil. Therefore, it bears significant commercial consequences if the vessel remains under arrest.

Based on the above, the Court decided that the counter-security of 50 per cent of the claim deposited in the court's bank account was sufficient and ensured the balancing of the parties' interests.