Hosting one of the world’s largest ports, Dubai has rapidly expanded to become a leading maritime hub. As an expected consequence of Dubai’s growing maritime industry, the number of marine accidents has steadily increased over the past few years. Dubai Port police have reported 53 maritime accidents in 2013, 37 in 2012, and 34 in 2011. According to Marasi News, 9 of the 37 accidents that took place in 2013 were collisions.
Collisions cause a variety of adverse consequences, ranging from fires and explosions to loss of cargo, damage to the vessel, marine pollution, and death or injury to individuals, including members of the crew. In the most extreme cases, these effects may culminate in the vessel's sinking. Similar legal principles are also examined under Libyan law in our analysis of liability for collisions under Libyan Maritime Law.
Depending on the severity of the effects, damages for collisions may cost those who are liable millions of dollars in losses. The major area of concern during a collision is the allocation of liability among the parties involved. In practice, claimants often rely on enforcement mechanisms such as the arrest of vessels to secure maritime claims.
The purpose of this article is to address the legal issues surrounding fault and liability arising from a maritime collision that occurs within UAE territory by applying the applicable legislation, the UAE Maritime
UAE maritime law defines a collision as an accident that occurs between vessels, regardless of whether physical contact has occurred. UAE law allows victims to recover from tortfeasors even if no physical contact has occurred, provided damage is caused to another vessel, its goods, or persons aboard the vessel by an act, failure to act, or a violation of navigation rules (Article 318/2 of the Maritime Code). In the event of a collision, persons or cargo aboard a ship, or an innocent third party involved in the collision, may recover for damages and losses suffered. However, physical contact between a ship and structures, such as a bridge or dock, is not a collision and, in fact, constitutes tortious liability.
As in many other jurisdictions, a collision may result from a vessel's fault, force majeure, or an unidentified cause. Liability is allocated by assessing which party is at fault. If a Court determines that one vessel is at fault for the collision, the owner of that vessel will be liable for damages to the successful claimant(s) (Art. 320 of the Maritime Code). The UAE Maritime Code provides for joint and several liability in collisions involving more than one vessel. If a Court finds both vessels jointly at fault, the Court will allocate liability to the vessels in proportion to the degree of blame attributable to each vessel (Art. 321 of the Maritime Code). Courts may face difficulty determining the percentage of fault, particularly when evidence is vague and does not permit the Court to determine which vessel is more at fault. In such cases, the Court will find all vessels involved in the collision equally at fault.
Force majeure is the commonly used legal principle that describes an unforeseen cause or an irresistible force outside either party's control that results in a tort. Under maritime law, examples of force majeure include forces of nature, such as a hurricane or flood, that lead to a collision between vessels. In the event of force majeure, the UAE Maritime Code explicitly exempts each party from liability to the other (Article 319 of the Maritime Code). Instead, a vessel shall be responsible only for its own losses. is the commonly used legal principal to describe an unknown cause or an irresistible force outside of the control of either party which causes a tort. Under maritime law, examples of force majeure include forces of nature, such as a hurricane or flood, which leads to a collision between vessels. In case of a force majeure, the UAE Maritime Code explicitly exempts each party from liability to the other. (Article 319 of Maritime Code) Instead, a vessel shall only be responsible for its own losses.
As mentioned above, the owner of a vessel that is found at fault for the collision shall be liable for paying damages to the victims of the collision.
When more than one vessel is found liable in a collision, Article 321 of the UAE Maritime Code provides that damages will be determined and divided in proportion to the fault of each vessel. In effect, each vessel is liable only for damages in proportion to its percentage of fault. Furthermore, the UAE recognizes joint and several liability, which allows a victim to recover the totality of their damages from one of the defendants (Article 321/3 of the Maritime Code). Joint and several liability is limited to death or personal injury. Under UAE law, a charterer may also be required to indemnify the ship-owner for any claims for damages in a collision caused by the ship to third parties (Art. 255 of the Maritime Code).
For maritime enforcement remedies, see also our article on Arrest of Ships in Accordance with Libyan Law.
