The Mirage of a Wrongful Vessel Arrest Claim in the UAE
Type
E-journal
Date
26 May 2015
Jurisdiction
United Arab Emirates
Taxonomy
Admiralty, Shipping & Navigation
Copyright
LexisNexis
Relevant company
Hadef & Partners
Analysis
As featured in the May edition of the International Bar Association’s Maritime and Transport Law Newsletter, Raymond Kisswany, Associate in the Maritime, Transport & Trade team at Hadef & Partners explores the possibility of the impossible - a claim for wrongful vessel arrest in the UAE.
Everyday ships are arrested in the UAE. Lawyers flood the courts with petitions to arrest ships for various claims and debts. The respective Courts of Cassation and Union Supreme Court have analysed the many facets of arresting ships under UAE Federal Law No. 26 of 1981, concerning the Commercial Maritime Law (“CML”). However, by our count, and subject to a recent judgment, there has not been a single case of wrongful ship arrest in the UAE. This, of course, cannot be mistaken to mean that there has never been a wrongful ship arrest.