Maritime collision incidents crop up from time to time on some of our shores, ports or territorial waters. Although such incidents are very few, they are of concern to maritime professionals e.g., insurers, vessel owners and shippers. Maritime collision in Qatar is governed by the Qatari Maritime Code No. 15 of 1980 (the "Maritime Code") and the Maritime Code sets out the scope of applicability of this legislation with respect to maritime incidents, allocation of liability in maritime collision, competency of courts to decide on maritime collision claims, and the priority of compensation for damage resulting from maritime collisions.

Applicability of the Maritime Code to maritime collisions

Article 187 of the Maritime Code states that, "In case of collisions occurring between sea-going vessels or between vessels and boats, compensation for damages to the vessel, objects and individuals thereof, shall be settled in accordance with the provision of this chapter, regardless of the territorial waters at which the collision occurred".

Vessel is defined under Article 1 of the Maritime Code as "any navigable structure normally operating, or intended for the purpose of operating, in navigation by sea, even if it is not intended for profit".

Accordingly, in order to apply the provisions of the Maritime Code to a collision in the sea, the collision has to be either between two vessels, or between a vessel and an inland navigation vessel (boat), otherwise the Maritime Code will not apply. Thus, a collision between vessel and dock will not be considered a maritime collision and consequently shall not be governed by the provisions of the Maritime Code.

Liability in Maritime Collisions

Under the Maritime Code, responsibility for collision damage is based upon a fault principle, where a colliding vessel will not be held responsible for damage to another vessel, unless the collision is caused by a deficiency in the colliding vessel or by negligence or a willful act on the part of its navigators. Accordingly, in case of an established default, the defaulting vessel shall provide compensation for damages caused by the collision¹. Moreover, it is always necessary to establish fault at the end of the colliding vessel, as the presumption of fault is not recognised under the Maritime Code, with respect to maritime collisions².

If the collision occurred as a result of a force majeure, or there were doubts about the causes of the collision, or the causes of the collision are not known, each vessel shall bear the damage caused thereto. Moreover, the same would apply if the vessels or one of them were anchored at the time of the collision³.

Where fault is attributed to two or more vessels, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was at fault. If, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, liability will be apportioned equally 4

Competency of courts to decide on maritime collision claims

Claims for damages for maritime collisions may be filed before any of the following courts:

  • The court of the defendant's domicile;
  • The court of the defendant's place of business;
  • The court of the port of registration of the vessel;
  • The court of the place where the defendant's vessel has been arrested for causing the damage, or the court of the place of arrest of any other vessel owned by the defendant that is legally capable of arrest, or the court of the place where arrest was possible but defendant has provided a guaranty; or
  • The court of the place of collision.

Nonetheless, parties may mutually agree to file the claim before any other court, or refer their claim to arbitration5

Priority of compensation for maritime collisions damage

According to Article 13 of the Maritime Code, compensation for damage caused as a result of a maritime collision, rank in priority after the following maritime debts, encumbrances and costs:

  • Judicial costs incurred in maintaining and selling the vessel, and distributing the proceeds thereof, as well as loading and port charges, and other dues and taxes of the same type, pilotage fees, compensation for damages caused to port installations, docks and navigation lanes, the costs of removing obstacles to navigation caused by the vessel, and costs of safeguarding and maintenance of the vessel since its arrival in the last port;
  • Debts arising out of the employment contracts of the master and the crew, and other persons bound by a contract of maritime employment on board the vessel; and
  • Amounts due for assistance and salvage, and the contribution of the vessel to general average loss.

Conclusion

The Qatari courts will always apply Articles 187- 196 of the Maritime Code to determine any claim related to a maritime collision, as the aforementioned Articles expressly define maritime collisions, the scope of liability of the vessel owners in maritime collisions, and the jurisdiction where a compensation claim may be filed. Furthermore, Qatari courts will rely on Article 13 of the Maritime Code to determine the preference of creditors of the vessel over the proceeds of sale of the vessel.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.