Singapore Shipping Law Forum 2022: Subrogation and Maritime Claims by Professor Robert Merkin KC

The Centre for Maritime Law (CML) at National University of Singapore, Faculty of Law, held its 5th Singapore Shipping Law Forum in the evening of 20 October 2022 at The Westin Singapore. The keynote speaker was Professor Robert Merkin KC. The event was attended by over 100 participants from the maritime and legal community. Professor Stephen Girvin, MPA Professor of Maritime Law and Director of CML, gave the welcome address.

In his lecture, Professor Merkin highlighted the deficiencies of section 79 of the Marine Insurance Act 1906, which did not provide a complete treatment of subrogation. He noted that the Act had missed out four decisions, including three historical House of Lords decisions. His engaging analysis of these historical cases supported his point that section 79 was not a complete codification of the common law as it then was. He discussed recent common law decisions and emphasised the importance of history in understanding these decisions.

Professor Merkin also spoke on various topics concerning subrogation, including subrogation and non-assignment clauses, subrogation and confidentiality clauses, allocation of subrogation recoveries, subrogation immunity, and risk allocation.

The concluding remarks were given by Associate Professor Paul Myburgh, Deputy Director of CML, who provided brief comments on subrogation in the civil law tradition.

Professor Merkin’s paper (co-written with Ms Aybüke Naz Durmuş), ‘Subrogation and Maritime Claims’ can be found here.

This highlight can also be found in pdf format here