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 the container was opened, the cargo was damaged. According to the conclusion of the examination, the cargo had traces of a ponytail It turned out that during transshipment from a river vessel to a railway carriage, the container was “dipped” into the water. The consignee's claim for reimbursement of the damaged cargo and paying 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 of the cargo. 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 delay in the contract of carriage was not set.
The consignee filed a lawsuit against OJSC Russian Railways and Shipping Company for reimbursement of the value of the damaged cargo and the recovery of a fine for late payment jointly and severally.
What decision should make an arbitration court?

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