Seaworthiness of autonomous vessels and remote operation center in the context of marine insurance

Abstract Seaworthiness has been an important issue in marine insurance since 18th century in English law. The IMO is currently preparing the MASS code under which remote operation centers are considered as an extension of a ship as the persons which form the crew of an autonomous vessel are onshore navigating the vessel from distance. This changes the existing legal picture completely in relation to the previous case law in which the English law is based on. However, the Nordic Marine Insurance Plan has not applied the concept of seaworthiness since 2013 and only operates with the concept of safety regulations. This article compares these two approaches which are dominating the marine insurance markets of today. The reactions of the underwriters are very different under these two legal regimes in relation to autonomous shipping, which will be a reality in international traffic since 2025 when the non-mandatory MASS code enters into force under the SOLAS.