#shipownerliability
Every publication carries several #hashtags. A hashtag is a link to every publication on that topic.
Articles and case comments
- Autonomous Shipping in Russia: Tortious Liability of Shipowners and Software Developers. Part 2In this article, the author continues the study of the allocation of tortious liability between the shipowner and software developer in the case of harm to third parties due to an error of the artificial intelligence of an autonomous vessel. Now the focus of attention shifts to the second of the two previously formulated model situations, namely the infliction of harm due to a ship collision (on the basis of Russian law). This analysis provides a new perspective on the standard of shipowner’s liability in a collision. Where harm is caused by a software error of an autonomous vessel, it is more equitable to impose the burden of strict liability on the shipowner for program errors. This approach should be pursued explicitly to avoid a mixture of de jure strict liability and de facto strict liability imputed under the guise of a fault-based breach of a duty to make a ship seaworthy. This does not exclude further recourse by the shipowner against the software developer. On the contrary, as regards the liability of the software developer towards third parties, the conclusions of the first part of the study remain valid: the software developer may bear the liability for fault-based violations committed while creating the IT product. At the same time, the question as to how far such a link between the software and its creator can be established remains open.
- When a Bareboat Agreement Is Terminated, the Owner of the Ship is Liable for EverythingCommentary to the Resolution of the Supreme Court of the Russian Federation dated June 3, 2021, No. 307-ЭС21-1344 in case No. А21-4281/2018 (Rosprirodnadzor v “Global-Flot”)
- Cancelling Clause and Its Connection to Breach of ContractCancelling Clause and Its Connection to Breach of Contract Both charterers and shippers would like to know the exact date of the vessel’s arrival at the port of loading. They need to understand in advance when it is necessary to have cargo ready for loading and how much time the vessel can spend…
- Autonomous Shipping in Russia: Tortious Liability of Shipowners and Software Developers. Part 1The problem of the allocation of liability between the shipowner and the software developer in case of harm to third parties due to an error of the artificial intelligence of an autonomous vessel presents a serious challenge for private maritime law. There are mainly two possible situations here: 1) infliction of loss without a ship collision; 2) infliction of loss due to a ship collision. This article, being based on Russian law, is concerned with the first case. The author comes to the conclusion that the shipowner bears under all circumstances the non-contractual liability as the possessor of a source of increased danger (autonomous vessel). Further allocation of losses is most likely to be provided for in the contract between the shipowner and the software developer. At the same time, the injured party is entitled to bring a claim directly against the software developer if the latter committed faulty actions when creating an IT product. Moreover, de lege lata such a developer is not entitled to limitations of liability under the maritime law in force. The results of this article will be useful primarily for shipowners, IT companies and other leading market players – pioneers of autonomous shipping.
- Grabbed Crabs: culpa in eligendo Doctrine Applied to the Owner of the Vessel and His EmployeesCommentary to the Case No. А51-10555/2016 (“SL Marine Co., Ltd.” v LLC “Ostrov”)
- Compensation for Damage Caused to the Environment by an Oil Spill from a Ship. Peculiarities of Russian Law EnforcementContamination of the environment by any means has traditionally provoked a violent reaction from the community if such pollution became known to the wide audience. The right to a healthy environment is guaranteed by the Constitution of the Russian Federation[1]. Even though in everyday life, most…
- Big Ship BoomJudgement of the Commercial Court of the Krasnodar Territory dated November 20, 2020 in case No. А32-22897/2020 (PJSC IC Ukrainian Insurance Group v Post Holding Assets Ltd.)
- How Much and Who Shall Pay for the Oil Pollution at the Seaport of St. Petersburg?The dispute about how much who and shall pay for the oil pollution of the seaport of St. Petersburg continues. The St. Petersburg company has seized 58 million rubles from the ship owner and the insurer for pollution of the water area of the port of St. Petersburg with bunker fuel, but the court of…
- Largest Maritime Case in Russia in 2020On 26 August 2020, during the unmooring – the departure of the tanker from the berth No. 4 of the seaport of Primorsk – the structure and technological equipment at the oil loading berths No. 3 and No. 4 of “PTP” LLC were damaged, and therefore their operation was limited. The tanker was detained…