Izvorni znanstveni članak
https://doi.org/10.21857/m8vqrtxpr9
Legal Issues of the Allocation of Risk in Shipbuilding Contracts in the Light of Technological Innovation
Zoran Tasić
Sažetak
The maritime industry is currently experiencing enormous technological developments to achieve the intermediate target of reducing net greenhouse gas emissions. Dual fuel engines, alternative fuels, decarbonisation and mechanical sails are now part of modern shipping aimed at reducing fuel consumption and carbon emissions. Modern technology is still developing, which means that the allocation of design and construction risk in shipbuilding contracts is of paramount importance. Both shipowners and shipbuilders face unknown risks related to the new and still evolving technologies applied in the construction of modern vessels where international standards for such technologies are still in the process of being fully developed. The fundamental principle is to allocate the risk to the party that is in the best position and is able to manage or control the risk. Although the construction risks would normally fall upon the shipbuilder, the allocation of design risks, especially in the context of new innovative technologies, is a more complex issue. Modern technology might not be sufficiently well tested, which creates a risk that a vessel may not be constructed as intended or contracted. If the technology or its design is defective, failure to allocate the risk appropriately might lead to complex legal issues. These may include liquidated damages upon sea trials, rejecting the vessel and the termination of the contract, warranty claims for defects in applied innovative technology, or delays in the vessel’s delivery. The shipbuilding contract is the best place for the shipyard and the buyer to allocate the risk of design defects.
Ključne riječi
gas emissions; EU and IMO rules and regulations; innovative technologies; shipbuilding contract; allocation of risk; liabilities
Hrčak ID:
341007
URI
Datum izdavanja:
12.12.2025.
Posjeta: 501 *