Understanding of the Maritime Laws

There is no doubt or debate that Dubai is a booming economy that has emerged as a global business, and logistics hub. Dubai is also playing a big role in the development of AI, Cybersecurity and Digital Currency. Dubai is centrally located in the Middle East, which has strategic importance due to its modern seaports, trade points, and tax-free free zones. Therefore, Dubai has positioned itself as a major international player in international trade and commerce.

There is proper and comprehensive set of shipping laws available and successfully implemented in UAE. Federal UAE shipping laws are inspired by local laws and international maritime regulations. International maritime laws are also made the part of UAE’s maritime laws. These laws cover a vast range of matters and capable of dealing with multiple type of maritime disputes. They handle significant maritime issues like cargo disputes, vessel registration, insurance claims, environmental standards, and much more. Professional Lawyers always offer greater legal clarity over any subject. Therefore, the maritime laws those are essential for smooth business operations, can also be well understood with the aid of professional maritime lawyers. Similarly, professional law firms also play a part in ensuring proper legal compliance. Our professional lawyers and legal consultants also provide legal support for maritime disputes and court cases. They also provide professional consultation on maritime laws in UAE.

The UAE Maritime laws govern on federal level including shipping industry of Emirate of Dubai. The Federal Law No. 26 of 1981 administered the matters concerning the shipping sector. The extensive Maritime code displays the rules for the following:

• Vessel Ownership
• Vessel Registration
• Cargo Disputes
• Charter Agreements
• Maritime Insurance Claims
• Environmental Standards
• Marine Accidents
• Mortgages
• Carriage of Goods by Sea
• Illegal Fishing
• Unlicensed Vessels

UAE Cabinet Resolution No. 57 of 2018 also explains the customs procedures and port operations. You can visit government entities or relevant maritime websites to grab more knowledge and support. Generally, laws are always found complicated in nature. There are numerous technicalities involved in them. Therefore, it is recommended that companies must consult the trained attorneys. Renowned law firms in Dubai tactfully handle the maritime issues before entering into the agreements. Moreover, a minor error or fault can lead to huge liability.

• The major foundation of maritime law in UAE is Federal Law No. 26 of 1981. This federal UAE Maritime law was also amended later in 1988 and 2005 as Federal Law No. 11 of 1988 and Federal Decree-Law No. 43 of 2005. Federal Decree-Law No. 37 of 2021 has been most advanced and recent maritime law in UAE. UAE also adopts several global conventions e.g. SOLAS, MARPOL, STCW and much more.
• Federal Law No. 8 of 2019 was on Pharmaceutical Institutions but in relevance with maritime.
• The enforcement of federal legislations are the duty of FTA that is UAE federal transport authority. UAE courts also have jurisdiction for all the maritime disputes. Professional lawyers always helping you to understand the laws.

The rules make sure there is a safe and transparent transaction between the different stakeholders. It guides the stakeholders, including the shipping agents, logistics providers, businesses, and port authorities.

Dubai has a gigantic shipping industry with thousands of transactions on a daily basis. Therefore, it is quite common that legal issues arise. The legal disputes in shipping industry arise due to the following reasons:

• Breach of contract
• Damaged goods
• Delivery delays or postponement
• Unpaid debts
• Non-compliance issues

There are several matters that can arise with local port regulations. Therefore, these issues can result in arrests, detention of vessels, and much more. Moreover, it would result in the arrest and detention of vessels. Time is money in the shipping sector. The swift legal action is important to address the common issues. There are cargo deadlines or customs clearance matters that must be addressed.

Shipping contracts are the backbone of international trade. These contracts elaborate on the roles and responsibilities between ship-owners, freight forwarders, consignees, insurers, and other stakeholders. All the shipping contracts should be aligned with the UAE laws and international shipping standards. The international conventions like Hague-Visby Rules, are honored in maritime agreements. There is a dual specification. The legal drafting of shipping contracts should be precise, clear, and comprehensive. The role of law firms in Dubai is crucial here. These professional entities can truly help drafting maritime contracts.

Dubai is the city where a large range of vessels is registered. There is a proper regulatory authority that is responsible for vessel registration. The Ministry of Energy and Infrastructure will handle all the transactions in offshore jurisdictions like the Dubai International Financial Centre (DIFC). Registration of a vessel is a matter of legal identity. It is essential to register for its insurance, taxation, and smooth global operations. The documentation needs are also strict. The vessel and ship owners should submit the technical specifications and ownership proofs. They will also submit the necessary safety certificates for clearance.

Normally, Shipping involves significant risks. Some of the common risks are weather disruptions, piracy, mechanical failures, cargo damage, and much more.  Maritime insurance is mandatory in the Dubai shipping landscape.

The insurance policy usually covers hull damage, cargo loss, environmental hazards, unforeseen weather implications, third-party liability, and the list goes on. The disputes often arises when the insurer deny claims that are based on the basis of contract exclusions or policy limits.

Environmental safety was an option previously. Nowadays, it is compulsory to ensure environmental standard according to the international conventions such. It is necessary to apply in Dubai for environmental safety in Dubai to avoid non-compliance. It can lead to can lead to serious penalties. The ship-owners should make sure to adhere to the protocols of waste management, emission standards, ballast water rules, and waste disposal regulations. Any failure to follow can result in port detentions and revocation of licenses.

Federal UAE maritime law describes the penalties in details, we will throw the light here on few penalties and punishments.

• Shipping documents Forgery: imprisonment up to 10 years or fines.
• Smuggling or illegal operations: Confiscation of Vessel. Marine Pollution Violations → fines, imprisonment, revocation of license.
• Breach of Charter Contracts, Carriage Contracts or Insurance Contracts: Vessel is seized, Civil Compensation Case.

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