UAE Law and Practice Contributed by: Abdelhak Attalah and Ghassan Hidar, Attalah Legal Consultancy
4.12 Damages in the Event of Wrongful Arrest of a Vessel In the UAE, there is no specific provision under the ML for claiming damages due to wrongful arrest, and there is limited history of such claims. Generally, the courts do not award damages for wrongful arrest unless the party alleging such arrest can prove that the arresting party obtained the arrest based on fraudulent or forged docu - ments. The burden of proof lies with the party claiming wrongful arrest to demonstrate that the arrest was unjustified. Without such proof, the courts are unlikely to grant compensation for damages or costs arising from the arrest. 5. Passenger Claims 5.1 Laws and Conventions Applicable to the Resolution of Passenger Claims Passenger Claims In the UAE, maritime passenger claims are gov - erned by the ML, as the UAE has not ratified the Athens Convention Relating to the Carriage of Passengers and Their Luggage by Sea (1974, as amended). The provisions related to passenger claims are mainly outlined in Articles 206–220 of the ML, which cover the contract of carriage of persons by sea. Time Limit for Filing a Claim Claims for death or injury during maritime trans - portation must be filed within two years from the passenger’s departure from the ship (or from the day of death, if it occurs after leaving the ship due to an incident during the voyage). Claims for the loss or damage of personal effects are sub - ject to a one-year time limit. Claims for delayed arrival of the vessel must be filed within six months from the day following the passenger’s departure from the ship.
Limitations on Liabilities The ML sets liability caps as follows:
• for death or injury of a passenger, the carrier’s liability is limited to 250,000 SDR unless the incident is caused by exceptional circum - stances like war, piracy or natural disasters, in which case the liability limit increases to 400,000 SDR; • for loss or damage of registered personal effects, the carrier’s liability is limited to 3,375 SDR. However, for vehicles transported by sea, the liability can be up to 12,700 SDR; and • for unregistered personal effects, the carrier’s liability is limited to 2,250 SDR. Additionally, the ML allows carriers to agree to liability limits exceeding these amounts. Howev - er, if the claimant proves that the damage result - ed from intentional acts or gross negligence on the part of the carrier or its agents, the carrier may not invoke the limitation of liability. Maritime Lien or Maritime Claim for Personal Injury Claims for personal injury of a passenger are rec - ognised as maritime claims under UAE law, and they are considered privileged debts according to Article 29(4) of the ML. 6. Enforcement of Law and Jurisdiction and Arbitration Clauses 6.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading In the UAE, the recognition and enforcement of law and jurisdiction clauses in B/L are subject to specific conditions under UAE arbitration law and Commercial Maritime Law.
586 CHAMBERS.COM
Powered by FlippingBook