- Legal Articles
- Ask Elhais
April 11, 2016|
Home to one of the biggest ports in the world, the UAE is an integral shipping hub in the global trading ecosystem. While shipping law can be a complicated area of the legal framework given competing jurisdictions involved in the international arena, the UAE has its own laws for sorting out maritime disputes.
In the case of maritime debt, Law 26/1981 of the UAE Federal Maritime Law (FML) allows for a right of arrest as a so-called "provisional relief". While a list of what constitutes a "maritime debt" can be found in Article 115 of the FML, there are several grounds that must be made out.
Once an application is made to the Civil Court, which has jurisdiction over the ports, a plaintiff must show evidence of a maritime debt. The plaintiff may also be asked to provide a bank guarantee as a form of security.
Article 115/2 of the FML states as follows:
“The expression “maritime debt” shall mean a claim in respect of a right arising from any of the following causes:
Damages caused by the vessel by reason of a collision or otherwise.
Loss of life or personal injuries caused by the vessel and arising out of the use thereof.
Assistance and salvage.
Contracts related to the use or exploitation of the vessel under a charter contract or otherwise.
Contracts related to the carriage of goods under a charter contract, bill of lading, or other documents.
Loss or damage of goods or belongings carried onboard the vessel.
Towage or piloting of the vessel.
Supplies of products or equipment necessary for the use or maintenance of the vessel, in any location of supply whatsoever.
Construction, repair or fitting of the vessel, and costs the present thereof in docks.
Sums spent by the master, shippers, charterers or agents on account of the vessel or on account of the owner thereof.
Wages of the master, officers and crew, and other persons working onboard the vessel under a contract of maritime employment.
A dispute of ownership of the vessel.
A dispute pertaining to the common ownership of the vessel, to the possession or use thereof, or to the right to the profits arising from the use thereof.
A maritime mortgage.”
Matters of Jurisdiction
While the courts may require proof from the port that the defendant in a case is both the owner of the vessel and that the vessel is harboured inside the port limits, the civil court will be able to adjudicate on a claim even if the vessel is not flying a UAE flag. The same applies to adjudicating cases against foreign nationals who do not reside in the UAE, as stipulated by the Civil Procedure Code 1992.
The UAE is not a party to any international shipping conventions, so only the law of the land will apply in such a case - while different port authorities in the respective emirates have also been conferred with the power of arrest and detention in such circumstances. The FML also provides legal redress in cases of shipping collisions.
Copyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.
Your email address will not be published. Required fields are marked *
I owe the success of my case to Dr. Hassan's diligent approach. He remained focused, put me at ease and always went the extra mile. Dr. Hassan tirelessly put my case in the best possible light and I cannot thank him enough. I would highly recommend Dr. Hassan - I am grateful to him from the bottom of my heart.
Dr. Hassan Elhais is among the best legal consultants I have ever worked with. He has an amazing ability to reduce complex issues into a simple concept that non-legal people can understand. He consistently develops innovative litigation strategies that help us to achieve our ultimate legal goals.
...the extraordinary effort that has been exerted by the staff, and we specially thank Dr. Hassan Mohsen Alhais. Wishing your continues success & excellence...
I believe everyone should recognize what a difference Dr. Hassan Elhais work has made to people's lives; and especially to our family's life, because we will remain forever grateful to each and every one of his team.
Dr. Hassan Elhais never fears cases that involve exposure and he always gives me his honest assessment of our chances of success, which is invaluable to me.
He aided us not only in providing legal advice but also in all legal issues that required a long term strategic approach to achieve most favorable and optimum outcomes he provided us with high level of professional service.
Dr. Hassan Elhais is a responsible, reputable counsel who operates to high levels of service.
Dr Hassan Elhais is responsive, thorough and creative with his advice, and is a valued advisor and legal consultant.
Regardless of the complexity of the matter I know Dr. Hassan Elhais will consider not only legal strategy but also business practicalities in providing advice and litigation options.
I recommend Dr. Hassan Elhais to anyone who says 'I'm in legal trouble'. I was extremely satisfied with the high standard of his work. He has always been there when I have needed him and I refer all my clients, family and friends to him/his firm.
Dr. Hassan Elhais was very professional and he listened to my needs. He was very prompt, efficient and always kept me informed. Dr. Hassan Elhais's service was excellent and I would definitely recommend him to friends and colleagues.