Marasi 28

فعاليات مالحية
Judgment
The DWT confirmed that:
1. Decree 57 provided that “all claims and demands by
and against [Dubai World or any of its subsidiaries]”
should be brought before the DWT which includes jurisdiction
over maritime disputes.
2. The DWT Rules enabled the DWT to resolve all matters
in dispute, including issues involving persons who
were not Dubai World entities.
3. The natural forum for the dispute was Dubai and
Decree 57 required that claims against DP World be
brought before the DWT.
4. Owners were entitled to seek an order for the constitution
of a limitation fund on a pre-emptive basis.
5. There was no evidence in support of there being no
mechanism for the establishment of a limitation fund
in UAE law. The DWT considered that whatever procedural
difficulties exist in the local courts, they should
not lead the DWT to refuse to give effect to the UAE’s
obligations under the Convention, in allowing a limitation
fund to be set up.
6. A P&I Club LOU was sufficient to establish a limitation
fund in the DWT.
The DWT considered that the Convention requires only
that the guarantee is “considered to be adequate” by the
competent authority considering limitation. The DWT
was not convinced that there was a settled practice in the
UAE courts as to the appropriate form of the guarantee
to establish a fund.
Comment
The judgment is an important development regarding
limitation of liability and establishment of limitation funds
in the UAE. It is the first reported case in the UAE that
acknowledges an owner’s ability to start pre-emptive limitation
proceedings and establish a limitation fund under
the Convention. It remains to be seen how this decision
will affect the onshore courts but the judgment allows
owners to seek to limit their liability in accordance with
the Convention and rely on the lower limits in the UAE
as opposed to those jurisdictions which have ratified the
higher limits. Ince & Co acted for the successful claimants
in this case.
“I would trust Ince with our most complicated cases, they
understand not only the business but have a fantastic grasp of the
law and a knack of getting to the issue as quickly as possible”
Chambers and Partners 7
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