UAE is one of the most progressive countries in the world. One of the most developed countries in the world and one of the best countries for trade. It connected the world with each other. All the trade ships and consignments, in the world, are going and passing through the UAE ports, because UAE is a business hub and centre point in the world now. These ports pay a handsome amount of earnings to countries. It means the successful operations of the ports, do contribute a handsome number of profits to a country, and also enhance the reputation of the company as the best country for trade or as the best company for trade support. Such trade routes and countries are always supported by global trade partners. Therefore, when the United Arab Emirates came into being and it developed its ports then it was also a requirement to develop the Maritime and Maritime Trade Laws. As per the law, this is defined by Federal Law No 26 of 198. This Maritime Trade Laws or the Maritime Code defines and organizes the contracts, vessel registrations, carriage contracts, vessel accident rules, its selling, buying, and everything which is related to maritime trader Laws. This code explains the status of “Vessels”, with Article 11 over 1(11/1) that” The Vessel is an entity or the structure, which has to operate with a business purpose, but has to set for an aim of business operations. The exact words mentioned in this Law are as follows:
“A vessel is any structure normally operating, or set for the purpose of operating, in the field of maritime navigation, regardless of its power, tonnage, or the purpose of navigation thereof.”
Information of Vessel
As per the rules, each and every “Vessel” has to have a name, a flag to move, a valid registration, and a registered port. It has to be registered in a Port with Port Documents. The vessel has to have its own documents of registration too. For Example, the UAE “Vessels” need to hold the UAE Flag, and as per Maritime Laws, this is mandatory. But Vessel has to be registered first.
A vessel can also be arrested as per Maritim Law. It is explained under article 115 and Article 115/2. The vessel can be arrested for several reasons e.g. illegal trade, dispute, carrying illegal products, not keeping registration and documents, the expired contract, damaged vessel, used for criminal activities, loss of life, loss of goods, damaged goods, breaching sea rules and laws, mortgage payments, etc
It is allowed or permitted that a Vessel can be mortgaged. Maritime Code Article 97 explains the permission granted for Vessel Mortgaged. A mortgage contract is meant to include name, size, registered port, capacity, and certification.
The Maritime Code does not specify the mandatory terms of the mortgage and it appears that the legislator left it to the parties to determine the terms and conditions of the mortgage. That said, Article 1440 of Federal Law No. 5 of 1985 clarifies that the terms of the mortgage expire upon the expiration of the debt.
Legal Action against the Vessel can also be taken. It means the Vessel owner or any victim can hire Advocates in the United Arab Emirates. These Advocates will help the innocent to get justice. These Advocates or Lawyers are also called Maritime Lawyers. Law Article 118 stops a vessel that is arrested from sailing.