Alsuwaidi & Company LLC provides a comparative analysis in bunker litigation under the Laws of England and Wales and the United Arab Emirates
While the subjects of maritime liens and ship arrest are areas of divergent approaches by different legal systems, they are also persistent areas of controversy when the two subjects are to receive simultaneous treatment in the United Arab Emirates (UAE). This paper seeks to discuss the possibility for a creditor to arrest and enforce a contractually agreed maritime lien over a ship in the UAE jurisdiction.
Relevant to our following discussion is that the UAE has yet to ratify any of the major international maritime conventions related to maritime liens, mortgages, and arrest of ships, which aim to establish certain uniformity within different legal systems that would reconcile the divergent approaches, such as the International Convention for the Unification of Certain Rules relating to Maritime Liens and Mortgages of 1967, the International Convention on Maritime Liens and Mortgages of 1993 and the International Convention on Arrest of Ships of 1999.
Can you give our Legal Business readers an overview of Alsuwaidi & Company.
Alsuwaidi & Company is a full-service business law firm, rooted in regional know-how. Since the firm’s inception in 1997, we have supported leading businesses across the UAE and beyond, assisting them to navigate complex and commercial challenges.
Robert Sliwinski, of counsel at Alsuwaidi & Company, explains how common law principles are transforming international arbitration proceedings in the GCC region
Over the past six months there have been two important judgments in the Supreme Court of England and Wales which are likely to influence GCC-based arbitrations where they are based on common law procedures and rules. They may also impact arbitrations seated in the Dubai International Finance Centre (DIFC), the Abu Dhabi Global Markets (ADGM) and the Qatar Financial Centre (QFC) which are pockets of common law jurisdiction within the United Arab Emirates (UAE) and Qatar Civil Law Structures.