ABSTRACT

The nature of the liability regime that vessels operating in an autonomous mode should be subjected to. The Maritime Unmanned Navigation through Intelligence Networks project was a concept study which aimed to identify the most critical technological, operational and legislative factors that might be obstacles to the realisation of autonomous shipping. However, introducing an exception to the liability of the relevant party in case of a cyber attack on an autonomous vessel could leave third parties vulnerable, especially if they have no insurance against cyber risks. The policy decision facing the draftsman in the context is whether the liability insurer of an autonomous vessel, or first-party insurer and liability insurer of the other vessel, is in a better position to assume liability for cyber breaches an autonomous vessel faces. Assuming that a strict liability regime is put in place, one of the most controversial issues will be determining the party which the liability should be channelled to.