PhD Degree Awarded to Mr. Murad Hassan Al-Buraihi in Commercial Law

Mr. Murad Hassan Mohammed Amir Al-Buraihi‎ was awarded a PhD degree in Commercial Law for his dissertation titled: Carrier’s Exemption from Liability in Contracts for the Carriage of Goods by Sea: A Comparative Study in Yemeni Law and International Conventions‎, which was submitted to the Department of Commercial Law, Faculty of Sharia and Law–Sana’a University. The dissertation defense was held on Thursday, May 7, 2026‎.
The PhD Viva-Voce Committee, which was formed based on a resolution issued by the Graduate Studies and Scientific Research Council, consisted of the following:

#
Committee Members
Designation
Position

1
Prof. Abdulrahman Abdullah Shamsan Al-Hammadi
Internal Examiner
Chair

2
Associate Prof. Abdulkhaleq Saleh Abdullah Muazib
Main Supervisor
Member

3
Prof. Abdo Mohammed Saeed Al-Suwaidi
External Examiner
Member

The dissertation aimed to:
Clarify the obligations of the carrier and the shipper in contracts for the carriage of goods by sea.
Examine the legal nature and legal basis of the maritime carrier’s liability and the circumstances under which such liability arises.
Identify cases in which the carrier may be exempted from liability, the conditions required for applying such exemptions, their limits, the persons benefiting from them, and the legality of including exemption or limitation clauses in bills of lading
The study yielded several key findings summarized as follows:
Yemeni maritime law lacks clear definitions for several fundamental concepts, such as contracts for the carriage of goods by sea, the actual or performing carrier, the shipper, the documentary shipper, and the consignee, creating ambiguity in practical application.
Although Yemeni maritime law contains important provisions regulating the liability of maritime carriers, it requires review and modernization to keep pace with developments in international maritime transport, particularly regarding exemptions from liability, their conditions, scope, burden of proof, and the use of electronic documents.
Modern international conventions, especially the Hamburg Rules of 1978 and the Rotterdam Rules of 2008, provide a more advanced and balanced framework by enhancing shipper protection and defining carrier liability more clearly, thereby supporting stability in maritime commercial transactions.
In light of these findings, the researcher recommended the following:
Updating Yemeni maritime law by introducing precise definitions for key concepts, including contracts for the carriage of goods by sea, carriers, actual or performing carriers, and shippers.
Revising provisions governing exemptions from liability by including regulations for exemptions in cases of war, maritime terrorism and piracy, quarantine and detention measures, fires and nuclear incidents, and reasonable environmental protection measures undertaken by carriers, while clearly specifying the conditions for each exemption in line with modern international standards.
Introducing legal provisions regulating electronic documents, multimodal and successive transport, container transport, and the carrier’s liability and exemptions related to these forms of transport, including situations where goods are delivered to authorities or third parties at the port of destination.
Clarifying the procedures carriers must follow in cases involving lost bills of lading or delayed delivery of shipping documents to consignees, while benefiting from advanced provisions contained in modern international conventions, particularly the Rotterdam Rules of 2008.
Reconsidering the Republic of Yemen’s accession to international maritime transport conventions due to their role in strengthening legal confidence, encouraging investment, and facilitating Yemen’s integration into international maritime trade.
The dissertation defense was attended by a number of academics, researchers, and specialists, students, colleagues, and the researcher’s family.