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Maritime Law Handbook: Part I - Arrest of Vessels 

June, 2014 - By C Chakradaran, Bashir Ahmed, Nakul Asthana and Chatura Randeniya - Maritime Law Handbook (Wolters Kluwer), 2014/2015

The United Arab Emirates (the UAE) was established in 1971 as a Federation of the Emirates of Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al Quwain and Fujeirah. In 1972 the Emirate of Ras Al Khaimah joined the Federation, with the result that the UAE presently comprises the seven named Emirates. The UAE is strategically located on the northeastern tip of the Arabian Peninsula, having its shores along the Arabian (Persian) Gulf and the Gulf of Oman where it joins the Arabian Sea. Previously forming part of the Trucial States, the region is imbued with a long maritime tradition, and several of its maritime customs continue to play an important role in the UAE shipping laws. 


The Constitution of the UAE (the Constitution) proclaims Islam as the official religion of the State. Accordingly, Islamic Law, the Sharia’a, plays a vital role in the UAE legislature. The Constitution specifically provides that the Sharia’a shall be a main source of legislation, and the Sharia’a may thus be described as the Common Law of the UAE. Under the Constitution, the individual Emirates ceded certain elements of their sovereignty to the Federation, retaining the remainder for themselves. 


Thus each Emirate may promulgate its own laws, which are issued by a Decree of the Ruler of the Emirate in question. These laws apply to the individual Emirates, and do not operate in other Emirates or in the Federation unless specifically adopted. The UAE Federal Maritime Law of 1981 (the FML) was promulgated to govern all maritime matters throughout the UAE.


The question of arrest of vessels is governed by the FML; however, a distinction is made between ‘provisional’ arrest and ‘executory’ arrests: regulations relating to the former are contained in Articles 115–122 of the FML, while the latter are regulated by Articles 123–134. Where no provisions of law exist, the UAE Courts may apply maritime customs, and general principles of justice, provided these customs and principles do not conflict with the provisions of the Shari’a (Article 8 of the FML). 


This contribution deals with the position as provided for in the FML, but it will also attempt to draw a distinction between theory and practice wherever it may appear to be appropriate.


Footnotes:
This handbook has been prepared under the auspices of Committee ‘A’ (Maritime and Transport Law) of the Section on Business Law of the International Bar Association

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