Background

A company obtained an order to arrest a vessel belonging to the defendant, and brought a claim ordering the defendant to pay 4,000,000 AED in compensation for damage caused to the claimant's vessel by the defendant's vessel. The defendant filed a bank guarantee for 4,000,000 AED, released the vessel, and asked the court to accept a bank guarantee in the amount of 300,000 AED. The court of first instance dismissed the defendant's objection to the order and the defendant appealed. The appeal court reduced the bank guarantee to 1,000,000 AED and the defendant appealed by cassation. The defendant argued that the claimant had provided no evidence in support of its claim. The evidence provided only amounted to damages of 188,000 AED for damage to the vessel, and 95,812 AED for loss of earnings.

Decision