The Relationship Between Seaworthiness and the Duty of Disclosure under the Marine Insurance Contract: An Analysis of UAE, US and English Law

Abstract

This article examines the influence of seaworthiness of ship on the contract of marine insurance. Through the discussion the author will thoroughly analyse the relevant provisions of English, US and UAE Law. The article will start with an introduction on the seaworthiness of vessel and then, the obligation of seaworthiness of ship that will be examined under the rules of the contract of carriage of goods by sea. The examination in this part will be dedicated to the relevant rules of contract of carriage of goods by sea under English law which adopts the Hague-Visby Rules and US law that has been based on the Hague Rules. The discussion will also embrace the relevant provisions of the UAE law. In the next title of this article the author will analyse the rules of disclosure obligation imposed under contract of marine insurance. The analysis under this title will further be devoted to the rules of the contract of marine insurance under the aforementioned jurisdictions. The analysis of the rules of disclosure obligation is undertaken in this article because of the role of this obligation as a point connects contract of carriage of goods by sea with contract of marine insurance. This connection can clearly be identified through obligation of seaworthiness of ship, which is imposed upon the assured under the contract of marine insurance. In the end of this article, the author concluded with some recommendations suggested to be adopted by UAE legislator. These suggestions aiming to harmonise the UAE law with the worldwide and most applicable rules in the maritime insurance industry.