BUiD Research Reveals Gaps in UAE Maritime Law for Autonomous Shipping Liability

In the rapidly evolving world of maritime transport, the United Arab Emirates stands at the forefront as a global logistics powerhouse, with ports like Jebel Ali handling over 15 million twenty-foot equivalent units (TEUs) annually, making it one of the world's busiest container ports. As autonomous technologies transform shipping, a groundbreaking research paper from the British University in Dubai (BUiD) scrutinizes whether UAE legislation keeps pace with these innovations, particularly in assigning liability for Maritime Autonomous Surface Ships (MASS).

Dr. Derar Al-Daboubi, Assistant Professor in BUiD's Faculty of Business and Law, authored 'The Efficacy of the UAE Legislation in Regulating the Liability of the Maritime Carrier in the Era of Automated Shipping,' published in the Journal of International Trade Law and Policy. This timely study addresses critical gaps in the legal framework amid the rise of crewless vessels controlled remotely or via artificial intelligence.

BUiD's Role in Shaping UAE's Legal Scholarship

The British University in Dubai, established in 2004, has emerged as a key player in higher education within the UAE, particularly in business and law programs aligned with the nation's Vision 2031 for innovation-driven growth. BUiD's research output, including Dr. Al-Daboubi's paper, underscores its commitment to addressing real-world challenges at the intersection of technology and regulation. The faculty's focus on international trade law positions it ideally to influence policy in Dubai's thriving maritime sector, where DP World operates Jebel Ali and Mina Rashid ports, facilitating over 90 million tonnes of cargo yearly.

Dr. Al-Daboubi, with a PhD from Royal Holloway, University of London, specializes in maritime and international trade law. His work builds on prior publications exploring carrier liability for delays and Himalaya clauses under the new UAE Maritime Law, highlighting BUiD's consistent contributions to regional jurisprudence.

UAE's Maritime Sector: A Global Leader Embracing Automation

The UAE's maritime industry is pivotal to its economy, contributing billions to GDP through ports that serve as gateways for re-export to Europe, Asia, and Africa. Jebel Ali Port alone processed a record 630,000 tonnes of breakbulk cargo in October 2025, reflecting surging industrial demand. Dubai's strategic location and investments in smart infrastructure position it for autonomous shipping adoption.

Recent trials exemplify this push: Abu Dhabi launched AI-powered autonomous patrol boats in 2026 to enhance waterway security, while ADNOC Logistics & Services plans UAE's first autonomous offshore vessels by Q4 2026, with prototypes under construction. These developments signal readiness for MASS, defined by the International Maritime Organization (IMO) as ships operating with varying degrees of autonomy, from remote control to full AI decision-making.

Yet, as automation advances, questions of liability—who bears responsibility in collisions, delays, or cyber incidents—loom large. Dr. Al-Daboubi's research fills this void by evaluating UAE's Federal Decree-Law No. 43 of 2023, the new Maritime Law effective March 2024, which modernizes vessel registration, arrests, and claims but predates widespread MASS deployment.

Evolution of UAE Maritime Legislation

UAE maritime law originated with Federal Law No. 26 of 1981, influenced by the Hague-Visby Rules for carrier liability in goods carriage. The 2023 overhaul via Federal Decree-Law No. 43 aligns closer to international standards like the LLMC 1976 (ratified by UAE), expanding liability limits and precautionary arrests to 22 maritime debts, including port fees. It mandates insurance for passenger operators and standardizes financial security.

However, the law assumes human-crewed vessels. Article 9 covers shipbuilding contracts, but silent on remote operators or AI programmers. Dr. Al-Daboubi argues this leaves ambiguities in fault attribution for MASS operations.

Understanding Maritime Autonomous Surface Ships (MASS)

MASS represent four degrees of autonomy per IMO: Degree 1 (crew-assisted), Degree 2 (remote with crew aboard), Degree 3 (remote no crew), Degree 4 (fully autonomous). Trials worldwide, like Norway's Yara Birkeland, demonstrate feasibility, but regulatory lag persists. IMO's non-mandatory MASS Code targets adoption in May 2026, with mandatory version by 2032.

• Benefits: Reduced crew costs (30-50% savings), enhanced safety (fewer human errors, 75-96% of accidents), efficiency via optimized routes.
• Challenges: Cybersecurity (hacks could cause collisions), liability apportionment among shipowner, SBC, software firm.

In UAE, ADNOC's offshore MASS trials herald commercial viability, but legal clarity is essential for insurers and operators.

Key Parties in Automated Shipping and Liability Gaps

Dr. Al-Daboubi identifies novel entities absent in traditional law:

• Shore-Based Controller (SBC): Remotely monitors/overrides vessel, akin to master but onshore. UAE law lacks explicit duties/liability.
• Voyage Programmer: Designs AI routes; potential for algorithmic errors.
• Software Provider: Supplies navigation systems; product liability unclarified for MASS.

Under Hague-Visby (influencing UAE), carrier liable for loss/damage unless due to navigation act. For MASS, fault diffusion complicates claims. The paper posits SBC as 'performing carrier' under Art. 4, but cyber-induced faults evade defenses. For full details, see the BUiD research summary.

Cybersecurity Risks in Autonomous Fleets

Cyberattacks pose existential threats: spoofing GPS, ransomware halting operations. IMO notes MASS vulnerability due to interconnected systems. UAE's 2023 law omits cyber-specific provisions, unlike EU NIS2 Directive. Dr. Al-Daboubi urges explicit carrier liability for foreseeable hacks, with SBC/software providers jointly responsible. UAE's National Cybersecurity Strategy 2023 aids, but maritime integration needed.

Stakeholders like DP World emphasize resilience; recent Abu Dhabi trials incorporate AI defenses.

International Comparisons and Lessons for UAE

Compared to Rotterdam Rules (2008, unsigned by UAE), which cover electronic contracts/multimodal, UAE lags in MASS. Norway's trials use strict shipowner liability; Singapore mandates cyber insurance. IMO MASS Code will standardize, but UAE must amend domestically.

Implications for UAE's Maritime Ecosystem

Dubai aims for top smart port; unresolved liability deters insurers, hikes premiums. Carriers face uncertain claims, stifling MASS adoption. Ports like Jebel Ali, eyeing 20M TEUs by 2030, risk competitiveness without reforms. Dr. Al-Daboubi's findings urge proactive legislation, boosting UAE's IMO leadership.

Industry voices: Maritime experts call for SBC registration akin to masters. For UAE law text, visit official portal.

Recommendations and Future Outlook

The paper recommends:

• Define SBC/programmer as 'carrier agents' under Art. 3.
• Mandate cyber risk assessments/insurance.
• Adopt IMO MASS Code swiftly.
• Pilot liability regimes in ADNOC trials.

With IMO Code imminent, UAE can pioneer Gulf MASS regulation, leveraging BUiD's insights. As autonomous vessels proliferate, updated laws ensure safe, efficient trade.

Photo by Habib Beaini on Unsplash

BUiD's Broader Impact on UAE Higher Education

BUiD fosters interdisciplinary research, preparing students for tech-law fusion. Programs in LLM International Trade align with Dubai's free zones. This paper exemplifies how UAE universities drive policy, positioning BUiD as maritime law hub. Explore careers via AcademicJobs higher ed jobs.