Liability for AI-Operated Ships in Maritime Assistance and Salvage:

A Comparative Analysis of UAE and English Law

Nasir Mohammad Hassan

Imad El Din Ahmad Abdul Hay

Imane Lamdjad

 

Abstract: This article examines the emerging legal challenges associated with artificial intelligence (AI)-operated ships in maritime assistance and salvage operations, focusing on the allocation of liability for errors resulting from autonomous and semi-autonomous decision‑making. The integration of AI into maritime navigation introduces novel risks to vessels, individuals, and the marine environment that existing legal frameworks in the United Arab Emirates (UAE) and England were not designed to accommodate. The article argues that both jurisdictions lack the legislative precision necessary to regulate the distinctive operational and technological features of AI-operated vessels. Through a comparative analysis, it shows that UAE law presumes fault through custodian liability principles when damage is caused by mechanical systems, whereas English law grounds liability in human accountability, tortious fault, and defective system liability, supported by evolving European directives. The article contends that these frameworks inadequately address both the resulting liability arising from actual damage and the arising liability stemming from the vessel’s autonomous conduct. To remedy these gaps, it advocates for the introduction of dedicated legislative provisions on AI‑ship liability, the establishment of mandatory insurance schemes to ensure adequate compensation, and the international harmonisation of rules governing AI-operated vessels in territorial waters. These reforms, the article concludes, are essential for safeguarding maritime safety, legal certainty, and environmental protection in the age of autonomous navigation.