TOWAGE OPERATIONS IN OMAN: WHEN CONTRACTUAL SILENCE DOES NOT REMOVE LIABILITY

TOWAGE OPERATIONS IN OMAN: WHEN CONTRACTUAL SILENCE DOES NOT REMOVE LIABILITY

Towage operations are usually planned as technical marine services. The parties agree on the tug, the tow, the location, the operational instructions, the rates, and the scope of service. However, many towage contracts do not sufficiently address what happens if the operation results in pollution, grounding, sinking, wreck removal, or intervention by the maritime authority.

This silence can be dangerous.

Under Omani maritime law, the absence of express contractual wording on pollution or wreck removal does not mean that no liability exists. These matters may be governed by mandatory law, environmental legislation, and international conventions applicable in Oman.

Pollution is a clear example. If pollution occurs during or following a towage operation within Omani waters, the vessel owner may face statutory liability for clean-up costs, preventive measures, remediation expenses, and compensation payable to public authorities or affected third parties. Pollution claims may also be treated differently from ordinary maritime claims and may fall outside the general limitation of liability regime, subject to the applicable statutory framework and relevant international conventions.

Wreck removal is equally important. A towage operation may result in a vessel being stranded, sunk, abandoned, or becoming a navigational hazard. In such cases, the owner may be required to notify the maritime authority and remove the wreck within the prescribed period. If the owner fails to act, the authority may remove the wreck and recover the costs from the owner. These costs may also constitute a maritime debt.

For towage contracts, the practical lesson is straightforward: the contract should not only describe the service. It should allocate the risk.

A well-drafted towage contract should clearly address pollution responsibility, wreck removal obligations, indemnities, insurance, emergency response, authority intervention, operational control, limitation rights, and liability allocation between the tug, the tow, the owner, the operator, and the party giving instructions.

Towage is not merely an operational service. In the wrong incident, it becomes a pollution, wreck removal, insurance, limitation, and liability dispute.

Careful drafting before the tug line is connected is often the best protection.

References:
Omani Maritime Law issued by Royal Decree 19/2023; Marine Pollution Control Law issued by Royal Decree 34/74; International Convention on Civil Liability for Bunker Oil Pollution Damage 2001, approved in Oman by Royal Decree 25/2020; Nairobi International Convention on the Removal of Wrecks 2007, approved in Oman by Royal Decree 28/2020.