Key takeaways
IG pooling arrangements
Third party liabilities arising in relation to all autonomous vessels eligible for pooling.
On water third party liabilities
Remain within mutual P&I even if they involve ROC.
ROC liabilities
Not considered as P&I risks.
The adoption by the International Maritime Organisation (IMO) of the non-mandatory Maritime Autonomous Surface Ships (MASS) Code in May 2026 represented a significant milestone in the development of autonomous shipping: see our article at IMO adopts international safety code for autonomous shipping | Hill Dickinson.
In summary, the Code established the first international framework governing the safe operation of autonomous and remotely operated vessels and set a pathway towards mandatory implementation in 2032.
However, while the Code addressed operational and safety requirements, it did not address issues surrounding legal liability. Much work remains to be done in this regard by the international maritime community, in particular the legal sector.
Nonetheless, the announcement in July 2026 from the International Group of P&I Clubs (IG), which confirmed pooling arrangements for autonomous vessels, is a good starting point for future efforts aimed at establishing a comprehensive liability framework for MASS. As such, the IG announcement has been welcomed by the maritime industry, in particular the marine insurance sector.
The IG has confirmed that third-party liabilities arising from MASS operations are eligible for pooling within the IG framework across all levels of autonomy, including fully unmanned vessels. This is subject to normal underwriting requirements and compliance with applicable regulatory standards, however.
Furthermore, on water third party liabilities will remain within mutual P&I and will be treated in the normal way, even where the proximate cause is a system error or human error at a Remote Operations Centre (ROC) directing the vessel.
However, the IG has also clarified that:
ROC liabilities are not to be considered as P&I risks, and ROC staff are not deemed as seafarers for P&I purposes. Workplace injuries and third-party claims at ROCs should fall under employers’ liability and public/occupiers’ liability, and property and business interruption cover should respond to damage to the ROC and its IT infrastructure.
Malicious cyber incidents that lead to third party liabilities, for example a cyber induced navigational error resulting in a collision, are typically dealt with under mutual P&I in line with IG practice, subject to P&I Club Rules and exclusions.
First party losses, such as systems damage or data loss, should be insured under cyber policies as they are not P&I risks.
War and terrorism are excluded under the standard P&I war exclusions.
The P&I Clubs have reacted very positively to this announcement, as no doubt will their members. The IG has provided reassurance to shipowners, operators and charterers who have entered into, or intend to enter into, the autonomous or semi-autonomous shipping market. Certainly, this indication of support from the IG is likely to encourage the continued evolution of MASS technology.
However, much work remains to be done on issues of liability that have not so far been addressed. For example, where liability will fall when something goes wrong, particularly in cases where both human input and autonomous systems are both involved.
It is to be hoped that by the time the MASS Code becomes mandatory in 2032, some of the outstanding questions on liability will have been resolved.
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This article was co-authored by Legal Assistant, Mohammed Alaoui-Abdellaoui.
