Law Commons^™

The Relationship Between Seaworthiness And The Duty Of Disclosure Under The Marine Insurance Contract: An Analysis Of Uae, Us And English Law, Dr. Derar Al-Daboubi

UAEU Law Journal

This article examines the influence of seaworthiness of ship on the contract of marine insurance. Through the discussion the author will thoroughly analyse the relevant provisions of English, US and UAE Law. The article will start with an introduction on the seaworthiness of vessel and then, the obligation of seaworthiness of ship that will be examined under the rules of the contract of carriage of goods by sea. The examination in this part will be dedicated to the relevant rules of contract of carriage of goods by sea under English law which adopts the Hague-Visby Rules and US law that …

تقرير عن مؤتمر حماية البيئة - د. حسين يوسف غنايم, Dr> Hussein Yousef Ghanayem

UAEU Law Journal

No abstract provided.

Judicial Development Of The Concept Of An "Arrived Ship", Prof. Abdulla Hassan Mohammed

UAEU Law Journal

For the basic problem of the arrived ship is economic. The day-to­ day running costs of a large vessel are extremely high. If. therefore, a vessel is kept waiting in the area of the port named as the destination in the charter party because of congestion in the port, it becomes a matter of contention whether this cost is to be borne by the ship-owner or the charterer. If it is to wait at the ship owner’s expense he will endeavor to secure that this risk is covered in the freight rate that he charges. If it is to wait …

The Role Of The Foreign Cause In The Exemption Of The Marine Carrier From Liability In Accordance With The Rotterdam Rules: A Comparative Legal Study, Mohamed Sayed Harb

UAEU Law Journal

The research revolves around the role of the foreign case in exempting the maritime carrier from liability according to Rotterdam Rules, through which we study the position of the Rotterdam Rules on the foreign cause compared to Egyptian, French and Saudi law. Accordingly, we deal with the definition of the foreign cause and its cases that are consistent with the subject of the study, As well as clarify the extent of the authority maritime carrier to foreign cause to exclude its liability for damage or loss of goods or damage caused by delays in delivery; Beside examine the impact of …

Maritime Collision Under Uae Maritime Law A Comparative Study, A Hassan M

UAEU Law Journal

Despite the vastness of the seas and oceans, and in spite of the technical developments in marine navigation, many maritime collisions among ships and tankers occur. These collisions may be due to various reasons such as the enormous size of modern tankers and ships as well as the high navigation speeds they travel at. However, in our opinion, human error is the main reason behind such collisions.

The result of maritime collisions maybe fatal and may cause enormous financial loss, and in the case of petrol tanker collisions enormous beach and sea pollution maybe the result. Such maritime collisions may …

What Constitutes A “Unit” Or “Package” In Bills Of Lading? )*( A Study Of American, English, Kuwaiti And Emirati Decisions, A Hassan M

UAEU Law Journal

In 1924, the Hague Rules were adopted. The purpose of the Rules was to establish a standardized set of definitions and rules to govern the terms and conditions used in ocean bills of lading. One of its unique provisions limits a carrier's liability for lost or damaged cargo on a “per package or unit” basis; however, the said Rules failed to define the term “package” and “unit” which lead to disputes between carriers and shippers. To resolve their differences, both shippers and carriers heavily litigated the issue of what a “package” and “unit” is for purposes of limiting a carrier's …

Containerized And Palletized Cargo, A Hassan M

UAEU Law Journal

Containerization and Palletization revolutionized the non-bulk and non­liquid carriage of goods trades at sea and changed the simple concept of ‘package’ as the term was probably understood in 1936. Industry began to ship goods, either banded together on pallets or packed in trailer-like containers to be loaded, stowed and unloaded as a ‘unit’. Often the goods being banded or packed were themselves ‘packages’ in the traditional sense of the word. Modern containers are able to hold hundreds of "packages". The very concept of a cargo-hold was transformed when vessels were retrofitted to hold containers, which functionally became part of the …

Maritime Privileges A Study Of Omani And English Law, A Hassan M

UAEU Law Journal

This article compares and analyses maritime liens in Omani and English law. The maritime lien is a unique security existing only on the ship and the freight. It entitles the claimant to a privileged right in a ship. The most important characteristic about the maritime lien is that it comes into existence automatically, without any cause if an action being taken by the claimant such as registration, and, in principle, follows the ship wherever she sails in the world.

Maritime liens secure claims for salvage, seamen's wages, master's wages and disbursements and damage done by ships in both Omani and …

Joint Loss (General Average), A Study Of Emirati Law, York-Antwerp Rules And English Law, A Hassan M

UAEU Law Journal

The rules concerning general average are amongst the oldest in the maritime field. They have their basis in the fact that, during a voyage, the ship, cargo and freight form part of a common venture. The principle underlying the rules is simple. If the common venture comes under threat during a voyage - for instance, because the ship springs a leak and is in danger of sinking - then extraordinary sacrifices and expenditure necessary to prevent the loss of the venture must be apportioned according to the value of each respective interest.

The rules on general average have developed over …

Ship Mortgage: A Comparative Study Of English And Emirati Law, A Hassan M

UAEU Law Journal

Maritime exploitation requires large sums of money. It is the means or methods resorted to by ship companies to obtain the necessary funds for maritime exploitation is mortgage of the ship. The UAE Maritime Law addressed the maritime mortgage in Articles 97 to 114.

This research aims to shed the light on the maritime mortgage system under UAE law by comparing it with the English law which is considered the most advanced law in this area.

Term Condition In Marine Insurance Of Goods In Light Of The Latest Version Of The Terms Of Marine Insurance: A Comparative Study Between The Jordanian And British Laws, Mahmoud M. Ababneh

UAEU Law Journal

This paper aims to investigate the Term clauses in the marine cargo insurance contract as manifested in the new version issued by the Institute of London Underwriters and Lloyds committees in 2009. The importance of this research comes from the fact that most of the Arab Marine Insurance market, including Jordan, using the Institute Cargo Clauses for insuring the goods is shipped by sea. The term of the insurance cover is a corner stone in the marine insurance contract as it provides the commencement and the cases where the insurance terminates. The complicated dispute between the two parties of the …

The Conserv Atory Arrest Of Ships – A Study Of Emirati Maritime Code, A Hassan M

UAEU Law Journal

Since a ship is movable and at the same time a very high-priced asset, a ship owner in debt may be very tempted to move it outside a creditor's reach. Fortunately, for the creditor there exist a legal mechanism that hinders this, it is referred to as “arrest of ship”. The purpose of this paper is to outline the current legal position in UAE regarding conservative ships arrest and to discuss the specific problems faced within this topic.

Liability Of The Maritime Carrier Towards Passengers, Belal A. Badawy

UAEU Law Journal

Transport is undoubtedly of great importance in passenger’s lives. Not only because it is a legal phenomenon, but also a socio-economic phenomenon across all societies.

This search deals with this topic; it is divided into two sections, the first deals with Cases of the Passengers Carrier’s Liability and its Basis, while the second deals with Area of Responsibility of the Maritime Carrier of Passengers under both of the Egyptian Law and Athens Convention relating to the Carriage of Passengers and their Luggage by Sea.

The Uae, The Syrian Maritime Trade Law And The Rotterdam Rules (Convention On Contracts For The International Carriage Of Goods Wholly Or Partly By Sea), Imad Al-Din Abdel-Hai

UAEU Law Journal

If the texts of both the Syrian Maritime Trade Law of 2006, which quoted the Hamburg Rules of 1978 Relating to the Transfer of Goods by Sea, and the texts of the UAE Maritime Trade Law of 1981, which transferred all of the Brussels Treaty of 1924 Relating to the Unification of Certain Shipping Documents, no longer commensurate with the technical developments in the maritime navigation and operations of maritime transport and legal developments, the Rotterdam Rules (Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea), represent a quantum leap not only in the field …

Towards A Balance In The Liability Of The Maritime Carrier Between The Interests Of Both Carriers And Shippers In Accordance With The Rotterdam Convention Of 2008, Imad Al-Din Abdel-Hai

UAEU Law Journal

The obsession of the international legislators during the preparatory period of forming the Rotterdam Convention in 2008 was to create a balance between the interests of both the carriers and the shippers,, in a way that none of them overwhelms the other so as to avoid the blame that was attributed to both Hamburg convention of 1978 and Brussels treaty of 1924 and their two related addendums, as well as updating the maritime transport rules in line with international developments in this field.

Throughout our study to the carriers' duties under Rotterdam rules compared to those contained in Hamburg and …