Answer ... (a) Collisions
The United Arab Emirates is not a signatory to:
- the International Convention for the Unification of Certain Rules of Law relating to Collisions between Vessels (Brussels Collision Convention);
- the International Convention for the Unification of Certain Rules relating to Civil Jurisdiction in matters of Collision (Brussels, 10 May 1952); or
- the International Convention for the Unification of Certain Rules relating to Penal Jurisdiction in matters of Collision and other Incidents of Navigation (Brussels, 10 May 1952).
However, the United Arab Emirates has ratified the Convention on the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs), which has the force of law in UAE domestic waters.
The law relating to collisions of maritime vessels and boats is codified in Articles 318 to 326, Chapter 1 of the Maritime Code. The provisions with regard to liability apply to collisions in UAE domestic waters and are very similar to those contained in the Brussels Collision Convention. A vessel is liable to compensate for damages resulting from a collision if such collision arises from an error of the vessel. The same liability principles apply to collisions caused by error of the pilot, even if the piloting is compulsory. As an exception to this rule, if the collision arises from a force majeure event or on account of causes which are in doubt or unknown, each vessel will bear its own losses incurred. Therefore, in case of common collision of vessels, the liability of each vessel will be assessed in proportion to the error made by each vessel; however, where the proportion of degree of error cannot be determined, the liability will be apportioned equally between the vessels. Subject to the limits of liability so determined, each vessel will be severally liable for damages occurring to the vessels, the cargo, belongings or moneys of the crew or any other person onboard the vessel. These provisions even apply to vessels involved in a collision incident which are dedicated to public service by the United Arab Emirates or by one of its public bodies or organs.
Further, even if there is no physical or material collision, UAE law provides for compensation for damages caused by a vessel to another vessel or to objects or persons present onboard those other vessels and objects, provided that such damages arose from:
- the movement or the negligent performance of a movement by the vessel; or
- failure to observe the provisions of national laws or ratified international conventions (ie, COLREGS).
As regards jurisdiction with regard to claims arising from a maritime collision, Article 325 of the Maritime Code provides that the claimant may file its claim with:
- the court in whose jurisdiction the defendant resides;
- the court in whose jurisdiction the vessel of the defendant is located;
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the court in whose jurisdiction:
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- the arrest of the damaging vessel of the defendant is made;
- another vessel owned by the defendant is arrested; or
- the arrest of the vessel can be effected or the defendant has offered a guarantor or another surety; or
- the court in whose jurisdiction the collision takes place, should it take place within the ports, docks or other areas in the domestic waters thereof.
Claims for compensation arising from a maritime collision are governed by a time bar of two years from the date of the collision incident.
In case of death or injury of a person onboard the vessel, the liability of the vessels will be joint and the vessel paying more than its share as per the limits of proportion of liability will have the right of recourse against the other vessels. These claims of recourse by virtue of this right are governed by a time bar of one year from the date of death.
Claims for compensation due for collisions are deemed to be priority debts on the vessel (Article 84(d)) which attach to the vessel and to the freight for the voyage during which the debt arises. A claim for priority right for securing the compensation for collision against the vessel to which the priority debt attaches is governed by a time bar of one year from the date of occurrence of the damage.
Further, in the case of claims arising from a maritime collision which are made before the UAE courts, Article 82 provides that the state, state entities or public agencies thereof owning, operating or managing the vessel may not rely on the principle of immunity of the vessel.
(b) Pollution
The United Arab Emirates has ratified the following conventions related to marine pollution:
- the International Convention for the Prevention of Pollution from Ships (MARPOL) 73/78 (Annexes I to V) and the Protocol of 1997 (Annex VI);
- the International Convention on Civil Liability for Oil Pollution Damage 1969, the Protocol of 1976 and the Protocol of 1992;
- the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters, 1972 (the United Arab Emirates is not a signatory to the London Convention Protocol 1996);
- the Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (the United Arab Emirates is not a signatory to the Fund Protocol 2003);
- the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969 (the United Arab Emirates is not a signatory to the Intervention Protocol 1973);
- the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001; and
- the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004.
Further, the United Arab Emirates is not a signatory to:
- the International Convention on Oil Pollution Preparedness, Response and Co-operation; or
- the Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and Noxious Substances, 2000.
The provisions of the above conventions on protection of the marine environment are implemented in the United Arab Emirates through local instruments such as:
- Federal Law 24/1999 on the Protection and Development of the Environment;
- Federal Decree 74/2006 on the Adherence of the State to the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78); and
- Federal Law 166/2020 on the Accession of the State to the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001.
Further, the provisions of UAE-ratified conventions are strictly implemented by the Federal Maritime Authority (FMA), the port authorities, the Dubai Police Marine Pollution Control Centre and other bodies which are empowered to implement the laws, rules and regulations related to pollution prevention, control and mitigation.
With regard to liability and compensation for environmental damages, the aforementioned Federal Law 24/1999 (Articles 71 and 72) states that any person that intentionally or by way of negligence causes damages to the environment or to others as a result of the breach of the law will be responsible for all costs of treatment or removal of such damages. It will also be held responsible for any compensation incurred as a result, including:
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damages:
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- occurring to the environment itself;
- prohibiting or reducing the legal use thereof, whether temporarily or permanently; or
- damaging its economic and aesthetic value; and
- the costs of rehabilitating the environment.
Upon the occurrence of a breach, and if the master or officer of the vessel wishes to leave the port expeditiously, the judicial control officers may collect a temporary immediate sum for the account of the enforcement of the fine or compensation sanction levied within the limits provided by law, provided that this sum does not amount to less than the minimum specified sanction, in addition to all expenses and compensations determined by the competent authorities in order to remove the effects of the breach. A bank guarantee for this sum may be submitted to and accepted by the competent authorities (Article 70). The laws also provide for the imposition of sanctions against a party that is in breach of the provisions of law by way of imprisonment (six months to two years) and fines.
(c) Wreck removal
The United Arab Emirates is not a signatory to the Nairobi International Convention on the Removal of Wrecks, 2007.
However, Article 95 of the Maritime Code empowers the FMA to:
- seize the wreck of the vessel as security for the costs of removing such wreck; and
- conduct an administrative sale thereof by public auction and recover its debt from the proceeds, in preference to other creditors. The balance of the proceeds will be deposited in the FMA treasury for distribution to the vessel’s creditors, if any.
Further, to address the issues related to wrecks and abandoned vessels, the UAE Council of Ministers has issued Cabinet Resolution 71/2021 on Marine Wrecks and Violating Ships. The resolution applies to all seagoing vessels of any type or size, regardless of power, tonnage capacity or purpose of navigation. In particular, the resolution (Article 4) stipulates that all national and foreign vessels of over 300 gigatonnes which intend to call in the United Arab Emirates or which are anchored in the UAE waters must hold a valid insurance policy or provide financial security issued by a bank or financial institution to cover responsibility for the removal of wrecks in accordance with the rules and conditions determined by the ministry.
Article 4 of the resolution specifically authorises the shipping agent of the concerned vessel to verify the existence of the insurance or financial security before accepting the agency. Furthermore, if the agent fails to verify the insurance requirements of the vessel, the agent will be responsible for removing the wreck. Even the port authorities and local authorities are authorised to verify the existence of the insurance or financial security before permitting the ship to enter the port or anchor in UAE waters.
(d) Salvage
The United Arab Emirates has ratified the International Convention on Salvage, 1989. The provisions relating to salvage are codified under Articles 327 to 339 of the Maritime Code.
Article 8 of the Maritime Code states that the provisions contained in the code must not violate the international agreements ratified by the United Arab Emirates, and that the provisions of the code will apply to matters for which no special provision exists in matters related to maritime customs not conflicting with the provisions of Islamic Sharia law and the principles of justice.
In case of claims arising from acts of assistance or salvage which are made before the UAE courts, Article 82 provides that the state, state entities or public agencies thereof owning, operating or managing a vessel may not rely on the principle of immunity of the vessel.
Moneys due for assistance and salvage rendered to a vessel are by law classed as priority debts on the vessel. A claim in respect of a right arising from salvage services rendered to a vessel gives an action for arrest of the vessel. A vessel owner may not limit its liability in respect of obligations arising from acts of assistance and salvage (Article 140 of the Maritime Code).
Claims in respect of priority rights for salvage are governed by a one-year time bar, which begins to run from the date of termination of the salvage operation. Lawsuits for claims of remuneration for assistance and salvage are governed by a two-year time bar, which begins to run from the date of the end of the salvage operations (Article 337 of the code).
If the assisting, salvaging and salvaged vessel hold UAE nationality and the assistance or salvage is rendered in UAE waters, the UAE courts will have exclusive jurisdiction over claims arising from such salvage. Every agreement conferring jurisdiction upon a foreign court to examine such claims arising from the assistance or salvage or to refer such claims to arbitration outside the state will be void.