The carriage of goods by sea contract under Omani maritime laws: a critical analysis of the carrier’s obligations and liabilities

The aim of this thesis is to study Omani maritime laws with specific focus on the carrier’s obligation and liabilities under the carriage of goods by sea. The study will also investigate the impact of these obligations and liabilities on the development of the Omani maritime industry.

Starting with the period when the Omani maritime law was first enacted, i.e. 1981, this study will explore the impact of the said enactment and the consequence of the lack of amendment for any provision of the said law, despite the numerous changes that have occurred in the area of maritime laws and policies around the world.

Although no comprehensive study has been done, a number of discussions have arisen in recent times concerning the need to reform the Omani maritime law of 1981 as it does not reflect modern practices. Some of the debates for the review of the maritime legal framework in Oman include questions around: (1) the battle between the carriers and cargo interests in minimising or maximising the obligations and liabilities of the carrier; (2) the container carriage system, which requires the door to door concept and the multimodal mode; (3) advances in technology, and the recognition of the electronic document of transport. Other areas of contention include the growing disparity of the rules between what is obtained in the Omani statute and how possible it is to create some form of unification in legislation, especially international conventions, in order to eliminate barriers in ways that will enhance the Omani maritime industry.

Since 2008, for example, the international carriage of goods has been guided by the Rotterdam Rules, which were designed to reflect recent developments and the use of technology in the maritime industry. Since the latest version of the convention reflects recent developments in the maritime industry, this thesis will analyse the provisions of the Rules and how their import into the Omani maritime rules will impact on the future development of the Omani maritime industry and the economy. This will include an analysis of how contracts by any parties for exchanges of goods by sea would be affected, the extent or lack of predictability and the confidence it will bring to the Omani maritime industry, be that to enhance trade and economy or how this will be carried out.

In reality, the approach is doctrinal and a critical comparative study will be supplemented by the qualitative method. There are four main areas analysed within this thesis. The first is the Omani legal system and the development of the Omani maritime industry, as well as developments internationally. The second is the contract and a carrier definition, in addition to the obligation of issuing a bill of lading. The third is the obligation of the carrier in Oman and internationally. Fourthly, there is the liability of the carrier, both in Oman and internationally. One further consideration in this thesis is the implication and impact of reviewing the Omani maritime law for ease of carriage and exchange, dispute resolution and the general maritime industry and economy.