Taking Effective Mortgage Security over Vessels in the UAE
Type
E-journal
Date
2 Nov 2010
Jurisdiction
Dubai
Taxonomy
Admiralty, Shipping & Navigation, Mortgages, Lending & Security
Copyright
LexisNexis
Relevant company
Hadef & Partners
Legal reference
Maritime Code, Federal Law No. 26/1981
Analysis
Erik Muthow and Prabhat Misra give a broad overview of how the vessel mortgage process, and relevant laws, work in the UAE and highlight areas where lenders and ship owners should be mindful of when electing to finance a UAE flagged vessel
In brief:
A mortgage is arguably the most effective form of security over vessels.
The UAE Maritime Code and the UAE courts recognise the importance of ship mortgages as a form of security, however, maritime laws and practices in the UAE differ from those of longer established jurisdictions around the world.
In the UAE security documentation needs to be as watertight as possible and registration procedures need to be adhered to in order to avoid problems.
It is important that all parties involved are award of their rights and obligations when it comes to mortgage registration and enforcement.