Maritime Lawyer & Attorney UAE | Law Firm Dubai

Maritime Lawyer & Attorney in UAE

01 — Overview

Maritime Lawyer in UAE

Maritime work is decided by two things: where the vessel is, and how much time is left. A ship calling at Jebel Ali, Khalifa Port or Fujairah may be within reach for a matter of hours. A cargo claim under a bill of lading is extinguished one year after delivery. Neither of those waits for a considered decision, which is why maritime instructions are the most time-critical work we take.

TrustedLawyers.ae acts for shipowners, charterers, cargo interests, traders, bunker and service suppliers, P&I clubs, insurers and lenders across the Emirates. We arrest vessels and we get them released, we run cargo and charterparty claims, and we act in casualties. The framework changed materially in 2024, and a good deal of the guidance still circulating describes the law that was repealed.

Maritime lawyer in UAE — TrustedLawyers.ae shipping and admiralty team
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UAE Maritime Law 2024 compared with the 1981 Commercial Maritime Law
2024 maritime law

The Maritime Law Changed in 2024

Federal Decree-Law No. 43 of 2023 came into force on 29 March 2024 and replaced Federal Law No. 26 of 1981, the Commercial Maritime Law that had governed the sector for over forty years. It is a recodification rather than an amendment, and it reaches registration, mortgages, chartering, arrest, release security, limitation of liability, carriage, collision, salvage, general average, marine insurance and time bars.

Two framing points before the detail. First, whether the new law or the old one applies to a particular claim still depends on the event date, the contract and the transitional position, so an incident from 2023 is not necessarily analysed the same way as one from last month. Second, the law has been in force for a relatively short time and there is not yet a settled body of higher-court authority interpreting several of its most important provisions, particularly on arrest. Anyone telling you precisely how a UAE court will exercise a new discretion is overstating what is currently knowable.

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Ship arrest

Ship Arrest: What Gives a Right to Arrest

Arrest is the centre of maritime practice in this jurisdiction, because it is the mechanism that converts a paper claim into security. The new law lists the claims that qualify as maritime debts and support a precautionary arrest, and it expanded that list considerably. The categories include:

  • Damage caused by a vessel through its operation, and loss of life or personal injury.
  • Salvage, collision and towage.
  • Loss of or damage to cargo, and claims under contracts of carriage and charterparties.
  • Port, dock, harbour and channel dues, and pilotage.
  • Bunkers, supplies, provisions, repairs, construction and other services rendered to the vessel.
  • Crew wages, other sums due to the crew, and repatriation costs, together with social insurance contributions.
  • Mortgages and registered charges, and disputes arising from a contract for the sale of the vessel.

The expansion tracks the approach of the 1999 Arrest Convention. The UAE has not ratified that convention, but the domestic law now reflects a good deal of its structure, which is why the position feels more familiar to international operators than it used to.

Sister ship arrest

A claimant may arrest the vessel to which the debt relates, or another vessel owned by the debtor. The important change is the test of ownership: under the current law the debtor must own the target vessel at the time the arrest application is made. Under the old law the position turned on ownership when the debt arose. That single change is what makes or breaks a good many sister ship applications, and it means ownership must be verified as at the moment of filing rather than historically.

There is a corresponding restriction where the debtor is a charterer rather than an owner: arrest of the chartered vessel is available only while the charterparty remains in force.

Maritime debts giving a right of ship arrest in the UAE
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What claimants and shipowners each gained from the UAE arrest reforms
Arrest reform

The 2024 Arrest Reforms Cut Both Ways

It is tempting to describe the reforms as claimant-friendly or owner-friendly. They are neither, and understanding the balance is what allows either side to use them properly.

What claimants gained

A wider list of qualifying debts, a clearer sister ship test, compressed court timelines, and the ability to use arrest as security for a claim being pursued elsewhere. A foreign arbitration or jurisdiction clause does not automatically prevent an arrest here; the arrest can secure the claim while the merits proceed in the agreed forum, subject to the contract wording and the procedural position.

What owners gained

Three protections that did not previously exist in the same form. The arresting party can be required to provide countersecurity against a wrongful or excessive arrest. The arresting party may have to fund crew wages and vessel maintenance while the arrest continues, which changes the economics of a speculative arrest considerably. And the validity of the arrest is dealt with separately from the merits, so an owner can attack the arrest itself without being drawn into the substantive claim first.

Because these provisions are still relatively new, how the courts set countersecurity amounts and assess maintenance funding is developing in practice. We tell clients what the law provides and what we have seen, and we do not present either as settled where it is not.

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Release & security

Getting a Vessel Released

An arrested vessel costs money every hour, and almost none of that is recoverable later. Release work is therefore about speed and about the form of security offered.

  • Security in an accepted form. The most significant practical change in the new law is that a P&I club letter of undertaking can be offered to lift an arrest, rather than only cash deposits or bank guarantees. For a club-entered vessel this can be the difference between hours and days.
  • Challenging the arrest itself. Because validity is separated from the merits, the arrest can be attacked on its own terms: whether the claim is a qualifying maritime debt, whether the ownership test is satisfied, whether the evidence supports the application.
  • Countersecurity. Where an arrest looks speculative or the quantum inflated, requiring the arresting party to put up security shifts the pressure back.
  • Running costs. Raising the arresting party’s obligation toward crew and upkeep early tends to concentrate minds on settlement.

If your vessel has been arrested, the useful first call is made before security is agreed rather than after. The form and amount of security are negotiable, and what is accepted at the outset is hard to revisit.

Releasing an arrested vessel in the UAE and the security accepted
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Maritime claim time bars in the UAE after the 2024 Maritime Law
Time bars

The Clock: Maritime Time Bars Are Short

This is the section that matters most to the largest number of readers, and it is the one that generates the most avoidable losses. Maritime time bars are short, they were shortened further by the new law, and the UAE courts do uphold them.

Claim typePeriodRunning from
Cargo claims under a contract of carriage or bill of ladingOne yearThe date of delivery, or the date on which delivery should have taken place
CollisionOne yearThe date of the incident. Reduced from two years under the 1981 law
TowageOne yearThe date of the incident. Reduced from two years under the 1981 law
Marine insurance claimsOne yearThe relevant event. Reduced from two years under the 1981 law
Other maritime claimsVariesSalvage, general average, crew and mortgage claims each have their own period and must be checked individually

Three practical consequences. A cargo interest who spends six months in correspondence with a carrier has used half the available period. An insurer or broker working to a two-year assumption inherited from the old law is working to the wrong deadline. And because the periods run from an event rather than from discovery, a claim can be time barred before the loss is fully quantified.

If there is any prospect of a maritime claim, have the time bar identified in writing at the outset. It is a short piece of work and it is the highest-value thing a maritime lawyer does for most clients.

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Cargo claims

Cargo Claims and Bills of Lading

Cargo is where most maritime claims in this country begin, and they turn on a small number of recurring issues.

Title to sue

Who is entitled to bring the claim depends on the transport document and the endorsement chain. A claim brought by the wrong entity fails on standing regardless of its merits, and correcting it after the time bar has run is not possible.

Electronic bills of lading

The current law contemplates electronic documentation expressly, which removes a genuine area of uncertainty for traders and carriers who had been treating e-bills as a grey area in this jurisdiction.

Arbitration clauses in bills of lading

Incorporation of a charterparty arbitration clause into a bill of lading is treated distinctively in the UAE, and it should not be assumed that a clause binding the charterparty parties automatically binds a bill of lading holder. This is a question worth resolving before proceedings are commenced anywhere, and it is handled with our arbitration lawyer team.

Evidence at discharge

Survey reports, tally records, condition surveys, temperature logs and photographs taken at discharge decide most cargo claims. They are gathered in the days after the event or not at all, and a claim supported by a joint survey is in a materially different position from one supported by an account given months later.

Cargo claims and bill of lading issues in the UAE
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Limitation of liability and limitation funds for maritime claims in the UAE
Limitation

Limitation of Liability and Limitation Funds

Where an incident generates multiple claims, the operator may be entitled to limit total liability and to have a limitation fund constituted by the court, against which claims are then made. The current law broadened this in a direction consistent with the international framework under the Convention on Limitation of Liability for Maritime Claims as amended by its 1996 Protocol.

  • Who can limit. Owners, bareboat charterers, managers and co-owners, and in defined circumstances others in the chain, including where liability arises from unseaworthiness.
  • What is covered. Loss of life and personal injury, loss of or damage to property, delay claims, non-contractual damage arising from the vessel’s operation or salvage, and the costs of measures taken to mitigate harm.
  • The fund. The court can constitute a fund calculated by reference to tonnage, after which claimants look to the fund rather than to the operator generally.
  • When the right is lost. Limitation is not available where the loss resulted from personal fault, a deliberate act or serious negligence on the part of the operator or their representative. The burden of establishing that sits with the claimant.

For a claimant, the existence of a limitation fund changes strategy fundamentally, because the realistic recovery becomes a share of a defined sum rather than the full claim. That assessment should be made early, not after costs have been incurred pursuing a figure that cannot be recovered.

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Marine casualties

Casualties: Collision, Salvage, General Average and Pollution

Casualty work is decided in the first forty-eight hours far more than in the eventual proceedings.

  • Collision. Liability is apportioned on the evidence, which means voyage data recorder information, bridge records, AIS data and crew accounts need securing immediately, before they are overwritten or memories fade.
  • Salvage. Terms are frequently agreed at sea, under pressure, by people who are not lawyers. The award depends on the risk assumed and the result achieved, and the terms agreed in the first hour shape the outcome.
  • General average. Sacrifice and expenditure are shared between vessel and cargo interests, and security is required before cargo is released. Cargo interests are often surprised to find their goods held pending a bond.
  • Pollution. Regulatory exposure and civil liability run together, notification duties start early, and the response in the first day affects both.

Our position on casualty work is simple: call before you commit to anything. Terms agreed, statements given and documents signed in the immediate aftermath are the material the case will be built on.

Collision, salvage, general average and pollution claims in the UAE
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Registration & crew

Registration, Finance and Crew

Vessel registration

The current law widened access to the UAE flag substantially. Registration is no longer confined to vessels beneficially owned by UAE nationals or UAE-controlled companies; it now extends to GCC nationals and to owners with a business centre or office in the UAE for ship management operations. Vessels under construction and, in defined circumstances, chartered vessels can be recorded, and the ship register sits with the Ministry of Energy and Infrastructure.

Mortgages and ship finance

Registered mortgages, the priority of maritime liens against them, and enforcement including judicial sale all sit within the maritime framework rather than general security law. Lenders financing tonnage connected to this jurisdiction should have the enforcement route confirmed before drawdown rather than at default.

Crew claims

Unpaid wages and repatriation costs are maritime debts supporting arrest, which gives crew and their representatives a genuine remedy. These matters are frequently urgent and involve people with no income and, in some cases, no means of leaving. We treat them accordingly.

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Arrest process

How an Arrest Runs

01

Classifying the claim

First question, always: is this a maritime debt within the statutory list? If it is not, arrest is not available and a different security strategy is needed.

02

The vessel

Confirming registered ownership as at the date of application, and tracking the vessel’s movements and expected port call. Timing the application to the call is the practical skill in this work.

03

The petition

A precautionary arrest application supported by the evidence of the debt, filed in the competent court for the port concerned, with legally certified Arabic translation of the supporting documents.

04

The order and detention

If granted, the order is communicated to the port and maritime authorities and the vessel is detained. What happens next is usually a negotiation about security rather than about the merits.

05

Security and release

Cash, bank guarantee or a P&I letter of undertaking in an accepted form, with the amount and wording negotiated. Release follows acceptance.

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The merits

The substantive claim then proceeds, in the UAE courts or in the agreed forum. Where it runs onshore, the procedure is the ordinary civil procedure explained on our litigation lawyer page, including the court-appointed expert stage. Where an award or foreign judgment must ultimately be enforced against UAE assets, that is handled by our international law firm team.

Step by step ship arrest process in the UAE from claim to release
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Decision point

When to Instruct a Maritime Lawyer in UAE

01

A vessel you have a claim against is calling at, or heading for, a UAE port.

02

Your vessel has been arrested, or an arrest has been threatened.

03

Cargo has been delivered short, damaged, or not delivered at all.

04

There has been a collision, grounding, fire, sinking or pollution incident.

05

A charterparty dispute has arisen over hire, laytime, demurrage or off-hire.

06

A bunker, repair, supply or port services invoice has gone unpaid.

07

Crew wages or repatriation costs are outstanding.

08

Any maritime claim exists and nobody has confirmed the time bar in writing.

Charterparties, bills of lading, ship management and supply agreements are drafted and reviewed with our contract lawyer team, which is materially cheaper than arguing about the wording afterwards.

When to instruct a maritime lawyer in UAE
Fees & timing

What Maritime Work Costs

Arrest work carries court fees and, in most cases, security or countersecurity requirements that sit alongside legal fees, plus translation and agency costs. Legal fees for an arrest application are normally quoted as a fixed sum once we have seen the claim documents, because the scope is definable. Cargo, charterparty and casualty matters are quoted by stage.

The economics of an arrest deserve saying plainly. It is a security tool, and its value is the leverage it creates, not the arrest itself. Where the vessel is worth less than the claim, where ownership will not support the application, or where the counterparty has nothing behind it, we will say so rather than take the instruction. An arrest that fails costs the applicant money and can expose them to a wrongful arrest claim.

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Best maritime lawyer in UAE — how TrustedLawyers.ae runs an arrest
Why us

Why Clients Choose TrustedLawyers.ae

Choosing the best maritime lawyer in UAE comes down to availability and judgement under time pressure. What we hold ourselves to:

  • Reachable outside office hours, because vessels do not arrive during them.
  • The time bar is identified and confirmed in writing before anything else is discussed.
  • Ownership is verified as at the date of application, which is what the current sister ship test requires.
  • We act on both sides of arrests, so we know how the other side will respond to what we file.
  • Advice reflects the Maritime Law in force since March 2024, not the 1981 code much online material still describes.
  • Where the law is not yet settled by higher-court authority, you are told that rather than given false certainty.
  • Security wording and amounts are negotiated properly, because what is accepted at the outset is hard to revisit.
  • Where an arrest will not hold, you hear it before you post security.
UAE coverage

Where We Act

We act at the UAE’s commercial ports and terminals including Jebel Ali, Port Rashid, Khalifa Port, Zayed Port, Fujairah, Khor Fakkan, Hamriyah, Sharjah, Ajman and Ras Al Khaimah, before the competent onshore courts in each Emirate. Overseas owners, charterers, clubs and cargo interests are handled remotely, with documents reviewed, translations arranged and powers of attorney prepared without you needing to travel.

Jebel AliKhalifa PortFujairahKhor FakkanHamriyahDubaiAbu DhabiSharjahAjmanRas Al Khaimah
FAQ

Frequently Asked Questions

What does a maritime lawyer do in the UAE?+

Arrests vessels and secures their release, runs cargo, charterparty and freight claims, acts in collisions, salvage, general average and pollution incidents, advises on marine insurance and limitation of liability, and handles vessel registration, mortgages and crew claims.

Which law governs maritime matters in the UAE now?+

Federal Decree-Law No. 43 of 2023, in force since 29 March 2024, which replaced Federal Law No. 26 of 1981. Whether the new or the old law applies to a particular claim depends on the event date, the contract and the transitional position.

Can I arrest a ship in the UAE?+

Yes, where your claim falls within the statutory list of maritime debts. The list was expanded by the current law and includes cargo damage, collision, salvage, port dues, bunkers and supplies, repairs, crew wages and repatriation, mortgages and disputes under a contract for the sale of a vessel.

Can I arrest a different ship owned by the same debtor?+

Sister ship arrest is available, but the debtor must own the target vessel at the time the arrest application is made. That is a change from the old law, which looked at ownership when the debt arose, and it means current ownership must be verified before filing.

How quickly does an arrest happen?+

It is measured in hours rather than days when the papers are ready, which is why the preparatory work matters. The realistic constraint is usually assembling proof of the debt and confirming ownership, not the court.

What security is needed to release an arrested vessel?+

Cash, a bank guarantee, or a P&I club letter of undertaking. Acceptance of club letters is one of the most useful changes in the current law, because it avoids tying up cash. The amount and wording are negotiable and should be dealt with carefully.

Do I have to provide security to arrest a vessel?+

The current law provides for countersecurity from the arresting party, protecting the owner against a wrongful or excessive arrest. The arresting party may also have to fund crew wages and vessel maintenance while the arrest continues.

Can an arrest be challenged without fighting the whole claim?+

Yes. The current law separates the validity of the arrest from the merits, so an owner can challenge whether the claim qualifies, whether the ownership test is met and whether the evidence supports the order, without first litigating the substance.

How long do I have to bring a cargo claim?+

One year from the date of delivery or from the date on which delivery should have taken place. It is short, it is applied, and correspondence with the carrier does not stop it running.

Have maritime time bars changed?+

Yes. Collision and towage claims moved from two years to one, and the period for marine insurance claims was also reduced to one year. Anyone still working to the old two-year assumptions is working to the wrong deadline.

Does a foreign arbitration clause stop a UAE arrest?+

Not automatically. An arrest may be available as security while the merits proceed in the agreed forum, subject to the contract wording and the procedural position, so the two questions should be analysed together rather than assumed.

Can a foreign owner register a vessel under the UAE flag?+

The current law widened eligibility considerably beyond UAE nationals and UAE-controlled companies, extending to GCC nationals and to owners with a business centre or office in the UAE for ship management. Vessels under construction can also be recorded.

What is a limitation fund?+

Where an incident generates multiple claims, the court can constitute a fund calculated by reference to tonnage, against which claimants then recover. It caps total exposure, and it is unavailable where the loss resulted from personal fault, a deliberate act or serious negligence.

Do you act for crew?+

Yes. Unpaid wages and repatriation costs are maritime debts capable of supporting an arrest, which gives crew a real remedy. These matters are usually urgent and are treated as such.

How do I start?+

Tell us the vessel name and IMO number, the port and expected call, what happened and what documents you hold. We come back with the time bar position, whether arrest is available, what security will be required and what it costs.

Confidential consultation

Speak to a Top Maritime Lawyer in UAE

If a vessel is inbound, an arrest has landed on your ship, cargo has gone wrong or an incident has occurred, the first hours decide most of what follows. Tell us the vessel, the port and what has happened, and we will confirm the time bar position, whether arrest is available and what security will be required. Book a confidential consultation with the maritime team at TrustedLawyers.ae today.

This page is general information about maritime law in the United Arab Emirates and is not legal advice. The Maritime Law was replaced with effect from 29 March 2024 and transitional questions can arise, so the law applying to a particular claim depends on the event date, the contract and the forum in which it is pursued.

Contact Us
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+971 55 538 4858 Call info@trustedlawyers.ae Email +971 55 538 4858 WhatsApp Level 41, Emirates Towers, Sheikh Zayed Road, Dubai, UAE Location