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Marine insurance
Topic “Marine insurance” in the Maritime Law journal: 25 publications from 20 issues, newest first.
Found: 25 · newest first
The 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 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.
It 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.
A new large-scale armed conflict broke out in late February 2026. The US and Israel launched a military operation against Iran, which responded by blocking the Strait of Hormuz: a third of the world’s liquefied natural gas, nearly a quarter of the world’s oil consumption, and many other goods are transported through this strait. Following several days of hostilities, the Islamic Revolutionary Guard Corps stated that only vessels with specific permission from Iranian authorities could expect to pass through the Strait of Hormuz. At the time of publication, around 30 vessels of various types, including container ships, bulk carriers and tankers, had been affected by hostilities in the Strait of Hormuz.
This article examines whether storm conditions may serve as a basis for exempting the carrier from liability in the carriage of goods by sea. The author demonstrates that Russian courts apply a strict approach to the burden of proving “perils and accidents of the sea” and “force majeure,” taking into account the geography and season, the strength and duration of the storm’s impact, and the master’s awareness of weather conditions during the voyage. The concluding section outlines the key arguments on the basis of which courts typically refuse to exempt carriers from liability.
Issues 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.
Sanctions 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.
The 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.
The 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.
The commercial court concluded that the risk of loss of the cargo sealed was borne by the carrier and not by the shipowner. Unless the property insurance contract provides otherwise, the insurer who paid the indemnity shall be entitled to claim the damages by way of subrogation.
In December 2021 a bill on autonomous shipping has been introduced into the Russian State Duma. The article analyzes whether it is time to adopt legislation on this subject. The author describes international experience in the field of autonomous shipping and sets out various scenarios according to which Russian legislation on this matter can be developed. Some concerns are raised in relation to the Bill’s terminology, its provisions on classification of autonomous vessels, status of remote crew, and performance of shipping contracts. The article points out that adoption of the Bill in its current wording, especially without detailed provisions on autonomous vessels’ liability and its insurance, may result in serious problems.
Commentary to case No. A40-33406/2021 (DHL Global Forwarding LLC v ATP No. 99-SPb LLC)
Commentary 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”)
Judgement 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.)
