Shipping 2026

UAE Law and Practice Contributed by: Abdelhak Attalah and Ghassan Hidar, Attalah Legal Consultancy

1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts The United Arab Emirates (UAE) does not have spe - cialised admiralty courts, so maritime claims are treated as commercial disputes and handled by the general judiciary. These claims are governed by UAE Federal Decree-Law No 43/2023, which introduces the Maritime Law (ML), effective from 29 March 2024. The ML establishes the legal framework and pro - cedures applicable to maritime matters in the UAE. Common maritime claims, as listed in Article 53 of the ML, include ship arrests, ship mortgages and ship mortgage foreclosure, cargo claims, marine accidents, hull and machinery (H&M) insurance, general average and disputes over bills of lading (B/L) and charterpar - ties. Such claims are adjudicated by the commercial In the UAE, the system of port state control is gov - erned by Articles 68–76 of the ML. These articles outline the roles and powers of the UAE port authori - ties and the Ministry of Energy and Infrastructure, the competent authority responsible for enforcing mari - time regulations. chambers of local courts. 1.2 Port State Control According to the ML, the Ministry has the authority to implement both international and national require - ments related to maritime security, safety and environ - mental protection. Specifically, the Ministry is empow - ered to: • inspect foreign ships – the Ministry ensures that foreign vessels in UAE waters and ports comply with internationally ratified agreements, as well as national legislation, and the Ministry establishes guidelines and procedures for conducting such inspections; • monitor local maritime operations – the Ministry verifies the compliance of ports, classification soci - eties, companies and maritime facilities with inter - national standards, national laws and any relevant decisions or circulars issued by the Ministry;

• collaborate with government entities – the Minis - try works in co-ordination with federal and local authorities to fulfil the coastal state’s duties, as outlined in international agreements and national legislation; • specify security and environmental standards – the Ministry specifies the safety, security and envi - ronmental preservation requirements for maritime facilities and ships, even those not covered by international agreements; and • grant exemptions – the Ministry has the discretion to grant exemptions to ships from certain require - ments based on the provisions of internationally ratified agreements and national laws, establishing guidelines for such exemptions. Regarding marine casualties, including seafarer fatalities, grounding, pollution or wreck removal, the Ministry, through the port authorities, is responsible for co-ordinating the necessary actions in line with international treaties and local legislation. It exercis - es regulatory oversight and may act in response to marine casualties to ensure compliance with safety and environmental protocols. 1.3 Domestic Legislation Applicable to Ship Registration The key pieces of domestic legislation governing ship registration in the UAE are Articles 7–21 of the ML. These Articles establish the requirements for register - ing a vessel in the ship register. The authority respon - sible for managing the registration process is the Ship Registration Administration, which operates under the Ministry of Energy and Infrastructure. Articles 9–11 address the registration process for ves - sels under construction, specifically through the regis - tration of the relevant ship-building contract. Article 9 (1) stipulates that the specifications for a new building vessel must be approved by the Ministry. The Ministry will then establish a special register, known as the “under construction ships register”, where ship-build - ing contracts are to be recorded pursuant to Article 9 (3). Notably, under Article 9 (4), it is the shipbuilder, rather than the “shipbuilding seeker” (buyer), who is responsible for registering the ship-building contract in this register.

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