Maritime Law: The Law Of The Sea
Exploring the insights of Maritime Law: Maritime Law is the law of things, activities and events related with the sea. Specifically, it deals with matters concerning seagoing personnel, ships and other seagoing vessels, charter contracts and ocean transport, ship ownership and sales, maritime safety, incidents at sea and marine insurance.
While Maritime Law is a dominant specialty of specialised law firms, the Law of the Sea is indispensable for the development of activities at sea, such as the exploitation of resources or the installation of structures in the open sea.
Maritime Jurisdictions in UAE or elsewhere
The oceans cannot be occupied as can a piece of land and no state has ever had the capacity to exercise full sovereignty over them. Throughout history states have however sought to exercise control over navigation and maritime resources all the while enabling a degree of freedom of navigation.
It has been said among maritime lawyers that UAE courts are reluctant to hold a party liable for wrongfully arresting a vessel. Some of that thinking may stem from the lack of any definition of wrongful vessel arrest or its standards or elements in the CML, or any other UAE law for that matter.
Beneficial Marine Owner Versus Registered Owner
A beneficial owner is an entity enjoying the benefits of ownership of a vessel, for example, through receipt of income; however, actual title of ownership is in the name of another entity, called the registered owner in Dubai or elsewhere.
The aforementioned is no different from the legal relationship between holding and subsidiary companies. Without delving into a prolonged academic discussion with regards to corporate legal personalities, simply stated, the beneficial owner of a vessel is treated as a separate legal entity from the registered owner of a vessel, unless its existence is a mere sham, it is used as an instrument for concealing the truth, or its organisation and control is a mere instrumentality of the registered owner.
The UAE Union Supreme Court has held that indirect causation is the doing of an act which is a cause leading to the occurrence of the harm, and where such cause would not, in the ordinary course of events, lead to the occurrence of such harm, or contribute to it, and would not have done so but for the fact that it was followed by the direct causative act, which was alone the direct cause connection between the wrongful act and the harm’.
Some Aspects Of Litigation Under The Maritime Law…
Liability of a Freight
The general rule followed by Dubai courts is to consider the freight forwarder not as an agent in litigation of cargo claims, unless proven otherwise. There has been a clear application by the Dubai Court of Cassation which distinguishes between the carrier and the freight forwarder. In one case filed against a ship-owner and a freight forwarder for damages to goods, the Court of Cassation of Dubai stated that in performing duties such as delivering cargo to the ship, delivering bills of lading to shippers, delivery of cargo to consignees, and supplying fuel to the ship, a freight forwarder is acting as an agent for the carrier or ship-owner. All such acts performed by a freight forwarder are considered to fall under Agency Law, and a freight forwarder is therefore considered an agent.
Similarly, whether a contract involves the navigation, business, or commerce of the sea has not always been an easy question for the courts to answer. For example, a case involving a contract to build a vessel is not within admiralty jurisdiction but a case involving a contract to repair a vessel is. Moreover, the courts have not been consistent when ruling on whether a case involving a contract to sell a vessel is within admiralty jurisdiction.
Maritime litigation lawyer or arbitration attorneys represents clients in maritime disputes related to the following:
- Act to Prevent Pollution from Ship
- Correspondents for many Protection and Indemnity (P&I) and Hull & Machinery (H&M) Clubs/Insurers
- Civil and criminal defense of claims under MARPOL and the Act to Prevent Pollution from Ships
- Defense of cargo claims
- Defense of seamen’s wage and personal injury claims, including Jones Act claims, and third-party longshore claims
- Foreclosure of vessel mortgages and maritime lien litigation
- General legal advice to transportation clients, including compliance with local and international laws, advice regarding commercial transactions, including permitting, and assistance with documentation for maritime and transportation industries.
- Limitation of liability actions
- Litigation of claims arising from groundings and collisions
- Marine insurance claims and coverage litigation
Quality Maritime Law Firm For Your Case
Maritime Litigation Lawyers or any quality maritime UAE law firms represent those people with Maritime and Admiralty disputes who sustain an injury while on the water. We have worked with seamen, passengers of boats, and other individuals in both State and Federal courts to seek compensation for injuries sustained due to someone else’s actions.
The law firm or Dubai maritime litigation advocates provides the following Panama maritime services:
- Arrest of vessels
- Cargo Claims
- Labor Claims
- Maritime Liens
- Carriage of goods
- Collisions and Salvage
- Pollution Claims
- Personal Injuries Claims
- Maritime Collections
- Maritime enquiries
- Charter parties
- Ship sale and purchases
- Naval mortgagees
- Commercial Vessel Registrations
- Pleasure Vessel Registrations
Typical law firms and marine expert lawyers handle a daily deluge of inbound and outbound packages and mail, much of it highly sensitive. The movement of this information from law firm to client and back is a significant piece of the business of law. But it’s often hard for mail centre staff to determine ways to efficiently and accurately ship, receive, track and deliver it all. Take certified mail as one example. Every day, law firms or arbitration attorneys send out sensitive documents — including mortgage information and financial documents, divorce forms and important case information — requiring client signatures.
This leaves mail center staff with the challenge of not only sending all of these items, but of billing the right costs to the right client. There’s also the responsibility of keeping track of all the return receipt green cards that are returned to the firm once a client has signed for the letter. If one of these cards is misplaced or lost, the law firm may be unable to prove that it ever sent this information to the client.
As a result of working with a quality law firms
Law firms or arbitration and marine attorneys can often: · Improve visibility into the total chain of custody· Streamline manual accounting practices· Reduce shipping costs· Eliminate manual USPS Return Receipts· Limit the number of packages or accountable mail lost or misdirected within the firm.