Equipped with a vast knowledge of maritime law, Dr. Elhais has experience in drafting sale and purchase agreements for maritime vessels and other commercial agreements relating to maritime law. He has advised many clients in maritime disputes, including in arrest and seizure of vessels, maritime pollution, and maritime insurance.
Frequently Asked Questions
The Federal Decree Law No. 43 of 2023 on the Maritime Law primarily governs the UAE maritime law that regulates the ship arrest. Before applying to precautionary arrest, the claimant must prove the existence of a recognized maritime debt. The competent court may order detention of the vessel for securing the rights of the claimant pending substantive proceedings. Maritime debts are unpaid freight, claims on collision, salvage and expenses, wages to crew, and mortgage obligations. Usually, the claimant will be required to provide supporting documentary evidence to establish the seriousness of the claim. Courts in the UAE usually have a strict requirement for compliance with the procedures due to the significant impact on commercial navigation and trade activities of ship arrest.
The UAE maritime law establishes an obligation on the carriers to accept, preserve, transport and deliver the cargo safely. The carrier may be liable for the loss, delay or physical damage to the cargo occurring during the course of the maritime voyage. The liability is often subject to the contractual terms, bills of lading and the international conventions recognized by the UAE. The carrier can avoid liability if it can prove force majeure, inherent defects in the cargo or the navigational exceptions permitted by law. The cargo owners generally need to give prompt notice of damage to the carrier in order to preserve their legal rights. The UAE courts will consider technical evidence, shipping documentation and the causation before finding that the owner is entitled to the compensation.
The UAE maritime legislation and the labor-related laws provide important safeguards for the seafarers working on vessels. The crew members are entitled to wages, medical care, safe working conditions, rights to repatriation and the contractual safeguards. The shipowners are required to adhere to the employment obligations and ensure the appropriate accommodation and safety standards on vessels. The unpaid wages of the crew members are privileged maritime debts and are provided with strong legal protection under UAE law. Moreover, seafarers can complain to the UAE courts or the competent maritime authorities in matters of employment disputes. The judicial interpretation may also refer to the international maritime labor standards, where they are consistent with the national legislation and treaty obligations.
In the UAE, the competent authorities investigate maritime collisions through technical, navigational and legal assessment procedures. The determination of the liability depends on the negligence or other violation of regulations of one or more vessels that caused the collision. The courts review the navigation logs, radar data, weather conditions, actions of crews, and adherence to the international collision regulations. In cases of the shared responsibility, the liability may be apportioned proportionally based on the degree of fault found. The compensation can cover vessel damage, cargo losses, environmental damage and the ensuing commercial losses. The UAE maritime courts frequently use marine expert reports for the accurate assessment of causation and navigational responsibility.
The registration of the maritime mortgage gives, the secured creditor enforceable rights against the vessel under UAE law. To have legal protection, the mortgage should be properly documented and registered formally with the UAE Maritime Registry. In case of default by the shipowner in respect of the repayment obligations, the mortgagee may proceed with the judicial enforcement proceedings before the competent courts. Courts may order the arrest of the vessel and its eventual sale by judicial decree to satisfy outstanding secured debts. The order of payment is provided for in the statutory order of maritime liens, crew claims and the registered mortgage interests. In the event of a judicial sale of vessels, the purchasers usually receive a title free of any previous encumbrances, provided they follow the legal formalities.
The UAE maritime law imposes strict obligations on the ship owners and the operators to prevent marine environmental pollution. In the event of oil spills or hazardous discharges, the vessel operators may face civil liability, administrative penalties and the regulatory sanctions. Pollution incidents are investigated by the authorities to identify the source, extent, and environmental impacts before the liability is determined. The compensation may include the cost of clean-up, expenses for the environmental restoration and damages suffered by the affected parties or coastal facilities. The ship owners are generally required to maintain the insurance or financial guarantees to cover the pollution liability. The UAE environmental authorities and the maritime authorities work closely together to ensure the compliance with the national laws and relevant international maritime conventions.
The courts of the UAE, may have jurisdiction over maritime claims where there is a sufficient legal connection to the UAE. Such jurisdiction may be asserted where the contract was performed in the UAE, the vessel entered the UAE ports, or the parties agreed to the jurisdiction of the UAE courts. The bills of lading, charterparties and maritime service agreements often contain the jurisdiction and arbitration clauses that affect the adjudication of disputes. The UAE courts generally respect the valid arbitration agreements, except where the procedural or public policy considerations could make them unenforceable. The court also applies relevant international conventions and conflict-of-law principles where foreign elements are present. The establishment of jurisdiction in the maritime disputes, often requires a detailed analysis of the contractual language, the vessel activities and the procedural facts underlying the claim.
The best maritime lawyer in the UAE is usually decided by experience in shipping disputes, cargo claims, and admiralty proceedings. The shipping companies and traders typically prefer the lawyers who are well-versed in the UAE shipping laws and international maritime conventions. Experience in marine insurance claims and vessel arrest procedures is also highly valued. Dr. Hassan Elhais is recognized for his legal commentary and representation in the complex UAE commercial and international disputes. He also represents the companies and individuals in all aspects of the shipping claims and maritime legal matters. The commercial shipping interests need experienced maritime counsel to be effectively protected.
