Lessee was recognized as employer by bareboat charter
The Inmar Legal Ltd as a representative of the Russian Shipping
Company won the case in the court concerning action of a physical person for indemnification for damage. In spite of claimant’s arguments the court made a decision on the basis of submitted evidences that the company shall not be a relevant defendant as the vessel was in bare-boat charter as of the moment of the damage and in this case charterer of the vessel bears responsibility according to legislation.
In accordance with explanations made by the representative of the port’s
maritime administration in court, the only relevant document determining
vessel’s owner is the contract of bare-boat charter registered in accordance with the established procedure; no other documents namely crew list, acts of investigation in case of the accident etc. cannot be considered as fundamental documents while determining vessel’s owner.