UAE Trends and Developments Contributed by: Sujan Malhotra and Vaidehi Kolhe, Ship Law Sea FZ LLE
that had been arrested to enforce a labour judgment, holding that the underlying claim did not constitute a maritime debt under Article 61 of the New Maritime Code. As a result, the arrest was impermissible. The Court had previously rejected a similar application in Decision No 74, emphasising that executory seizure may not be imposed on a vessel except after at least 24 hours have elapsed from official notification to pay a qualifying maritime debt. In another case, Case No 296/2025, the Khor Fak - kan Court of First Instance granted a precautionary attachment over a vessel in a charterparty dispute. The Court held that the charterers had satisfied the requirements for provisional seizure under Article 53 (2)(f) and (p) of the New Maritime Code and required the claimant to provide security for potential damages. Together, these decisions demonstrate a more disci - plined and predictable approach to vessel arrests, bal - ancing creditor protection with procedural safeguards for ship-owners. UAE Offshore Courts ADGM courts: anti-suit injunctions in support of arbitration In A22 and B22 v C22 [2025] ADGMCFI 0018, the ADGM Court of First Instance confirmed that the ADGM courts have jurisdiction to grant anti-suit injunctions restraining proceedings before UAE onshore courts, where it is “just and convenient” to do so. The dispute concerned insurance subrogation pro - ceedings commenced in the Abu Dhabi onshore courts against a marine warranty surveyor and related parties, notwithstanding an arbitration clause incor - porated by reference into the surveyor’s contractual terms. Relying on Sections 16 and 41 of the ADGM Courts Regulations 2015, which mirror Section 37 of the UK Senior Courts Act 1981, the Court held that it possessed injunctive powers equivalent to those of the English courts, including the power to restrain for - eign or onshore proceedings in support of arbitration. On the facts, however, the Court declined to grant relief, finding that the applicants had failed to establish with a high degree of probability that a binding arbi - tration agreement governed the dispute. Key factors
included the delayed execution of the contract, the non-party status of one defendant and the late stage at which relief was sought. The ADGM Court confirmed that it has jurisdiction to grant anti-suit injunctions, including restraining pro - ceedings before UAE onshore courts, where it is just and convenient to do so, though the practical enforce - ment of such orders across judicial systems continues to evolve. DIFC courts: marine insurance, choice of law and market practice In Al Buhaira National Insurance Company v Arab War Risks Insurance Syndicate [2024] DIFC CFI 013, the DIFC Court addressed complex issues arising from marine hull and war risks insurance and reinsurance arrangements. Al Buhaira National Insurance Company (ABNIC), a Sharjah-incorporated insurer, had issued marine hull and war risks policies to Horizon Energy LLC for the MT Beta. The policies were reinsured on a 100% fac - ultative basis with the Arab War Risks Insurance Syn - dicate (AWRIS). Following the vessel’s disappearance, ABNIC avoided the policies for material misrepresen - tation and non-disclosure. The DIFC Court held that ABNIC was entitled to avoid the policies due to the assured’s deliberate or reckless breach of the duty of fair presentation. ABNIC subsequently sought declarations regarding AWRIS’s liability under the reinsurance contract and recovery of defence costs incurred in the underlying The reinsurance documentation contained no express governing law clause. Applying Article 8 (2) of the DIFC Application of Civil and Commercial Laws, the Court held that English law governed the reinsurance contract, based on its closest connection to the trans - action. The Court relied on several factors, including: • incorporation of Institute War and Strikes Clauses and London market wordings governed by English law and practice; proceedings. Choice of law
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