الملخص الإنجليزي
The study seeks to address the issues that have arisen in determining the responsibility of each
party in a maritime transport contract, especially regarding whether this responsibility pertains to
the maritime carrier, such as delivering the goods on time, not delaying their transport, and
maintaining their condition. Additionally, the study aims to answer the following questions: When
is the maritime carrier exempt from liability? How can the carrier prove that they are exempt from
their responsibilities arising from the maritime transport contract? Is it permissible for the carrier
to agree with the shipper on exemption from liability? To answer all these questions and resolve
the related issues, the study explores the cases of exemption of the maritime carrier of goods from
liability according to Omani legislation, comparative legislation, and international conventions.
The study starts with an introductory chapter that explains the concept of maritime transport
contract and its parties, their obligations and rights. While the first chapter focuses on showcasing
legal cases that exempt the sea carrier of goods from liability in Omani legislation, comparative
legislations and international convention, the study discusses in the second chapter the idea of the
invalidity of the convention to exempt the sea carrier from liability and how the carrier can reduce
the liability without fully relieving the carrier from it. The study finds that there is a lack of legal
texts that balance the case of exempting a sea carrier due to a fire outbreak or protecting the
stakeholder in his/her inability to prove that the fault of the fire is because of the carrier. The
researcher finds that there is a difficulty in practical application with regard to the inability of the
shipper or the owner of the goods to prove to the court that the fire was as a result of or caused by
the carrier’s negligence. In addition, the local and international legislations came with peremptory
legal rules that prevent an agreement on liability exemption, and that the legal penalty for any
agreement of exemption from liability is an absolute invalidity. The study recommends stipulating that the payment of compensation awarded in liability claims be linked to the Omani national currency. The study also sees the importance of placing a condition in the bill of lading that it is not permissible to agree to remove jurisdiction from the Omani courts.
