UAE Law and Practice Contributed by: Abdelhak Attalah and Ghassan Hidar, Attalah Legal Consultancy
Attalah Legal Consultancy Office RIB-303E, RAK Insurance Building, Ras Al Khaimah UAE
Tel: +971 55 777 0275 Email: info@attalah.law Web: www.attalah.law
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 specialised admiralty courts, so maritime claims are treated as commercial disputes and handled by the general judiciary. These claims are gov - erned by UAE Federal Decree-Law No 43/2023, which introduces the Maritime Law (ML), effec - tive from 29 March 2024. The ML establishes the legal framework and procedures 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 aver - age and disputes over bills of lading (B/L) and charterparties. Such claims are adjudicated by the commercial chambers of local courts. 1.2 Port State Control In the UAE, the system of port state control is governed by Articles 68–76 of the ML. These articles outline the roles and powers of the UAE port authorities and the Ministry of Energy and Infrastructure (the “Ministry”), the competent authority responsible for enforcing maritime regulations.
According to the ML, the Ministry has the author - ity to implement both international and national requirements related to maritime security, safety and environmental protection. Specifically, the Ministry is empowered to: • inspect foreign ships – the Ministry ensures that foreign vessels in UAE waters and ports comply with internationally ratified agree - ments, as well as national legislation, and the Ministry establishes guidelines and proce - dures for conducting such inspections; • monitor local maritime operations – the Ministry verifies the compliance of ports, clas - sification societies, companies and maritime facilities with international standards, national laws and any relevant decisions or circulars issued by the Ministry; • collaborate with government entities – the Ministry works in co-ordination with fed - eral 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 environmental 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 requirements based on the provisions
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