#marineinsurance
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Articles and case comments
- Cyber Risks: The Limits of Liability in Modern Marine Insurance1. Introduction The advance of new technologies not only raises productivity and lowers costs; it also heightens the risks attendant on their use. According to the Microsoft Digital Defence Report 2024, users faced 600 million cyberattacks a day between July 2023 and July 2024.[1]CYTUR Inc.…
- Marine Cargo Insurance: Common Mistakes and Defence Strategies in Loss AdjustmentThe article examines the legal issues arising in the adjustment of marine insurance claims. The author analyses the features of the legal framework of marine insurance, addresses current issues in judicial practice, reviews significant Russian court judgments, and provides practical recommendations for minimising risks for parties involved in maritime carriage.
- The Sue & Labour Clause in a Marine Insurance Contract: Balance of Interests in Risk AllocationThe article deals with the sue & labour clause in marine insurance contracts. With reference to historical development and modern judicial practice, the author analyses the balance of interests between the parties. The author undertakes a comparative legal analysis and demonstrates the variety of approaches to compensation of damages under the sue & labour clause.
- War-Risk Insurance: The Approach of the Supreme Court of the Russian Federation and Some Practical RecommendationsIt has become increasingly clear to policyholders of late that war risks need not only to be insured separately, but also to be specified far more precisely in insurance contracts. At the same time, the established trend in the application of Article 964 of the Russian Civil Code does not prohibit insurers from including clauses in insurance terms that define the scope of covered and excluded risks. An Associate Professor at the S.S. Alekseev Private Law Research Centre reflects on how insurance practices are changing as war risks increase.
- Determining Causation in Marine InsuranceIssues of causation, within the framework of civil liability in contract and tort law, have been sufficiently developed. At the same time, not all of these concepts can be used for the purposes of marine insurance. Nevertheless, the issue of causation has not been thoroughly addressed in Russian scholarship. In connection with the above, this paper attempts to provide an overview of existing Russian and foreign sources on the determination of causality in marine insurance. In addition, an analysis of domestic judicial practice will be provided.
- Marine Insurance Under Sanctions: Conflict-of-Law Issues, Sanctions Clauses, Arbitration and EnforcementSanctions have radically reshaped the landscape of marine insurance, creating new challenges for international arbitration: the nature of disputes and associated risk allocation is evolving, contractual clauses are being reconfigured, and claims to handling mechanisms are being recalibrated. This article examines conflict-of-laws issues “law, jurisdiction, and public policy” and contemporary dispute-resolution practice, including the enforceability of arbitration clauses and the recognition and enforcement of arbitral awards under the 1958 New York Convention. Emphasis is given to the London market. Through selected examples, the article demonstrates how sanctions and compliance requirements transform the allocation of risks between insureds and insurers, including P&I Clubs.
- Regulation of General Average in Maritime ArbitrationRelevance Maritime law, often viewed through the prism of complex international rules and conventions, encompasses many unique legal principles that govern the intricate relationships between shipowners, cargo owners, and insurers. Among these principles, the doctrine of general average stands out…
- General Average: Development and Characteristics of the InstitutionThe article examines the institution of general average, focusing on the development of the concept and its key characteristics. The author explores the historical stages of the institution’s formation and the modern approach to its application.
- Chubb Insurance Singapore Ltd. v. Sizer Metals Pte. Ltd. [2023] SGHC(A) 17Tribunal: The Appellate Division of the High Court of the Republic of Singapore. Date of the decision: May 3, 2023. Appellant (Original Defendant): Chubb Insurance Singapore Ltd. (hereinafter referred to as “Chubb”). Appellee (Original Plaintiff): Sizer Metals Pte. Ltd. (hereinafter referred to as…
- The CMI Guidelines Relating to General AverageThe first known statement of the law of general average is a small fragment of ancient Greek legislation, which forms the text for a chapter in the Digest of Justinian: “Lege Rhodia cavetur ut si levandae navis gratia jactus mercium factus est, omnium contributione sarciatur quod pro omnibus datum…
- The Real Effect of Declaration of Abandonment in Maritime Law in the UK and RussiaThe article studies the real effect of the abandonment in Russian maritime insurance. On the one hand, the author examines the reasons why the institution of the abandonment arose in English maritime insurance and the goals which it was intended to fulfil. On the other hand, she analyses the mechanism for the emergence of title (ownership) under the Russian Civil Code. As a result, the author concludes that the need to preserve the real effect of the declaration of abandonment in Russian maritime law is highly questionable.
- English Legislation on Marine Insurance. In Honor of the 115th Anniversary of the Marine Insurance Act 1906English Legislation on Marine Insurance. In Honor of the 115th Anniversary of the Marine Insurance Act 1906 Year 2021 marks the 115th anniversary of the Marine Insurance Act 1906 (hereinafter also MIA 1906), which was enacted by Parliament of the UK on December 21, 1906 and entered into force on…