AIYON Abogados LLP’s Post

Part 1 - Why We Live on Land but Are Governed by Maritime Law: A Detailed Look Have you ever wondered why legal systems in many countries incorporate principles that seem rooted in the rules of the sea? It might sound strange: we live on land, yet we are often subject to laws derived from maritime traditions. Understanding this phenomenon requires exploring history, the evolution of commerce, and the development of international legal systems. The Origins of Maritime Law Maritime law, also known as admiralty law, originally developed to regulate seafaring and trade across oceans. Ancient civilizations like the Phoenicians, Greeks, and Romans relied heavily on sea trade, necessitating a legal framework to resolve disputes and protect commerce. The Roman Lex Rhodia, for instance, is one of the earliest known codifications of maritime law. The medieval period saw the establishment of the Laws of Oleron in the 12th century, a seminal maritime code developed in France. These laws influenced England's Admiralty Courts, which were specialized tribunals addressing maritime disputes. Over time, maritime law became increasingly standardized, focusing on issues such as shipping contracts, navigation, insurance, and liability for maritime accidents. Why Maritime Law Influences Land Governance The connection between maritime law and land governance stems from two key factors: Global Commerce and Interconnectivity: As trade expanded during the Age of Exploration, maritime law became a cornerstone of international commerce. Its principles provided a consistent framework for resolving disputes across jurisdictions. Nations adopted these rules not only for maritime contexts but also to govern trade and commerce on land, especially in ports and trade hubs. Sovereignty and Jurisdiction: Maritime law operates beyond national borders, regulating activities in international waters and ensuring fairness in global trade. This "supra-national" quality made maritime principles attractive for resolving issues where multiple jurisdictions intersect, including international finance and commerce. Modern-Day Applications Today, maritime law's influence extends far beyond the sea. Here are some examples: Commercial Law: Many principles in contract law, such as the doctrine of force majeure (unforeseeable circumstances preventing contract fulfillment), trace their roots to maritime practices. International Arbitration: The standardized rules of maritime law serve as a model for resolving cross-border disputes. Legal Terminology: Phrases like "bill of lading" (a shipping document) and "charter party" (a contract for leasing a ship) are used in industries beyond shipping, influencing logistics and supply chain management. Why This Matters The pervasive influence of maritime law highlights the interconnectedness of our world. It reminds us that the rules governing modern societies often transcend their original contexts. #MaritimeLaw #AdmiraltyLaw #GlobalTrade #LegalHistory

The United Arab Emirates has now repealed and replaced the previous maritime law, Federal Law No. 26 of 1981 Concerning Commercial Maritime Law with UAE Federal Maritime Law No. (43) of 2023. This article by Sara Assi - Claims Executive, with assistance from Mahmoud El-Sayed LLM and Khurram Ali of Stephenson Harwood LLP - Middle East, explores how the changes will align the UAE with other international shipping jurisdictions." #shipping #maritimelaw #UAE

Delighted to share the most recent article on the recent key changes to the UAE Maritime Law for shipowners that I contributed to and prepared with Sara Assi and Khurram Ali #shipping #maritimelaw #UAE #UAElaw

I am pleased to share the below article on the recent key changes to the UAE Maritime Law for shipowners by Sara Assi to which I contributed, along with my colleague Mahmoud El-Sayed LLM.

Finally, the English Court of Appeal's ruling in 𝗦𝗽𝗮𝗶𝗻 𝘃 𝗧𝗵𝗲 𝗟𝗼𝗻𝗱𝗼𝗻 𝗦𝘁𝗲𝗮𝗺-𝗦𝗵𝗶𝗽 𝗢𝘄𝗻𝗲𝗿𝘀' 𝗠𝘂𝘁𝘂𝗮𝗹 𝗜𝗻𝘀𝘂𝗿𝗮𝗻𝗰𝗲 𝗔𝘀𝘀𝗼𝗰𝗶𝗮𝘁𝗶𝗼𝗻 confirms what was long anticipated by those attuned to the robust traditions of English arbitration law. Like classic Coleridge's Rime of the Ancient Mariner, this legal saga has charted turbulent waters, but here, the arbitration clause has proven as steadfast as the albatross was burdensome. Stemming from the catastrophic Prestige oil spill of 2002, the case has seen Spain attempt to enforce a €855 million judgment in England. Yet, as expected, the Court upheld the arbitration award as creating a binding issue estoppel. Justice Geoffrey Vos, Master of the Rolls, rightly concluded that recognising Spain's judgment would have been "manifestly contrary to English public policy." In other words, the ship of sovereign claims cannot sail freely when tethered to the anchor of English arbitration. Spain's attempt to invoke a 2022 European Court of Justice ruling was predictably unavailing. The Court of Appeal reaffirmed that the earlier arbitration award rendered such efforts futile. This decision underscores the enduring supremacy of the "pay-to-be-paid" principle in maritime insurance, a doctrine as unyielding as the winds and currents that once vexed Coleridge's mariner. The Court also declined to entertain Spain's astute appeals to human rights rhetoric, rejecting the notion that these arguments could undermine the sanctity of arbitration agreements. Justice, in this instance, follows the compass of contractual obligations, and the ruling once again signals to the international community that English law remains the jurisdiction of choice for arbitration, immune to capricious challenges. Much like the mariner, who finally finds respite only after recognizing the forces greater than himself, this decision reminds sovereign claimants that they too must bow to the rule of law. English public policy, like the albatross' eventual release, ensures fairness and stability while safeguarding the maritime industry's reliance on arbitration agreements. In confirming the expected outcome, the Court of Appeal reasserts the inviolability of arbitration under English law, a principle as reliable and enduring as the stars by which mariners steer their course.

Navigating the Waters of Change: The New UAE Maritime Law *Featuring an unrelated photo of me on a boat 🛥 * The UAE maritime sector has undergone a significant transformation with the enactment of Federal Law No. 43 of 2023, known as the “Maritime Law,” which came into effect on March 29, 2024. This new legislation represents a pivotal shift from the 1981 Maritime Commercial Law, modernizing regulations and enhancing the UAE's position as a regional shipping hub. Some Of The Key Changes Expanded Vessel Ownership and Registration: The new law broadens criteria for vessel registration, allowing UAE residents of any nationality to register vessels. Companies incorporated in the UAE and vessels managed by UAE-incorporated entities can now register under the UAE flag, opening new opportunities for international investors. Mandatory Registration for Coastal and Supply Vessels: Coastal service providers and supply vessels must now register under the UAE flag, strengthening the UAE’s maritime regulatory framework and promoting sustainable practices. Enhanced Procedures for Vessel Arrest: The new law aligns with the 1999 International Convention on Arrest of Ships, broadening provisions for vessel arrest. It allows the arrest of any ship owned by the debtor at the time of the arrest application. Article 56 of the new law also mandates that the arresting party provide a financial guarantee to cover security and safety measures. These provisions help prevent the abandonment of arrested ships, ensuring that vessels are managed and maintained during legal proceedings. Expanded Definition of Maritime Debts: The legislation broadens the definition of maritime debts to include claims related to environmental damage, port fees, and operational costs, underscoring the UAE’s commitment to environmental protection and operational transparency. Procedural Changes: Timeframe for Filing a Substantive Case: The arresting party must file the substantive case within 5 working days (changed from 8 days) from the arrest order, with the court scheduling a hearing within 15 days. This demonstrates legislative efforts to prevent spurious arrests. Clarifications on Appeal Procedure: The new Maritime Law specifies a 15-day timeframe for appeals, addressing previous uncertainties and promoting a better business environment. Conclusion The updated Maritime Law provides greater certainty and predictability for maritime businesses in the UAE. It strengthens legal frameworks, enhances creditor protection, promotes sustainable practices, and fosters international investment. Federal Law No. 43 of 2023 underscores the UAE’s recognition of shipping's vital role in its economy and its ambition to become a global maritime hub. Staying informed and proactive in adapting to this new legal landscape is essential, as this legislation not only enhances the regulatory framework but also sets a new standard for maritime operations in the UAE. #MaritimeLaw #UAE #LegalUpdate

Maritime Legal Insights: UK Maritime Law vs International Conventions - A Practical Guide for Professionals Excited to share my latest analysis on the fascinating divergence between UK maritime law and international conventions in carrier liability! This research highlights critical differences that impact daily shipping operations. Key findings that every maritime professional should know: The UK's unique approach post-CMA CGM Libra case has set higher standards for seaworthiness and due diligence obligations Significant divergence in liability limits: UK courts show more flexibility in exceptional circumstances International conventions maintain stricter interpretation Time bars vary significantly (1-2 years depending on jurisdiction) Documentation requirements differ substantially, especially regarding electronic bills of lading and sea waybills Practical Impact: These differences create both challenges and opportunities for carriers, particularly in jurisdiction selection and risk management strategies. Special thanks to [Maritime Law Review] for supporting this research. For maritime professionals: What's your experience with these jurisdictional differences? Have you noticed any practical challenges in cross-border operations? #MaritimeLaw #ShippingIndustry #InternationalTrade #UKLaw #CarrierLiability #MaritimeInsights #CommercialLaw #ShippingLaw #MaritimeProfessionals #LogisticsLaw

Hey everyone, One of our lawyers, Susruth Santosh, at NYK Law Firm, has published an article for The Law Reporters titled Revolutionizing Maritime Law in the UAE: Key Changes and Industry Impacts 🔗 Read the full article here👇🏻 https://lnkd.in/dv7NGYNm

After three years of our advocacy, we’re thrilled Greece has passed a new law which will enable UK lawyers to practise in Greece under their home title.  🇬🇷󠁧󠁢󠁥󠁮󠁧󠁿 🏴󠁧󠁢󠁥󠁮󠁧󠁿 🏴󠁧󠁢󠁷󠁬󠁳󠁿 ⚖️    This comes after working in close collaboration with UK government officials, law firms and the Greek Bar Associations of Athens and Piraeus.     Greece has been one of our priority jurisdictions in Europe, and in fact, the world.    Following the opening of the legal year earlier in the week, this is a timely affirmation of the importance of collaborative international relations in the legal sector.     Particularly following Brexit, where there have been considerable obstacles in key sectors such as shipping, insurance and finance in Greece as UK legal professionals had lost the right to register to practise in the country. It signifies a strong step forward in safeguarding the interest of UK legal professionals abroad. 🤝 This new legislation allows lawyers qualified in the UK and based in Greece to: ✅ Register with a Greek Bar to advise clients on English law and public international law, protecting their ability to work in the market, now and in future. We will continue to work with our international counterparts and help secure further market access for our members, in key, global jurisdictions.  Read more on the new legislation here:   https://ow.ly/eERr50TCmXW (Nick Emmerson)

Book Projects and Legal Writing When I returned from Singapore to practice in Malaysia some three decades ago, I noticed a dearth of Malaysian Practitioner’s Texts in Shipping. I convinced Malayan Law Journal [ then] the publisher of Halsbury’s titles to launch the titles on Shipping. They did and commissioned me to write. I wrote the initial and original editions of Halsbury’s Laws of Malaysia on Shipping, Carriers [ Land, Air and Sea], Bailment and Liens. These titles led to my being commissioned to write the Annotated Merchant Shipping Laws which encompassed the voluminous Merchant Shipping Ordinance, Collision Regulations, Marine Pollution, STCW legislation, and Annotated Sale of Goods. I was also commissioned and wrote Halsbury’s Conflict of Laws, Equity, Sale of Goods, then Forms and Precedents on Shipping, Insurance Claims. Later when Sweet and Maxwell Malaysia launched Bullen Leake & Jacob Malaysia on Precedents of Pleadings with Federal Court Judge and inaugural Admiralty Judge Tan Sri Nallini Pathmanathan as General Editor I wrote the Chapter on Carriage of Goods by Sea containing precedent pleadings for Arbitration and Litigation. I believe that my writing has in some small way contributed to the jurisprudence in the maritime law a specialty which I have long been involved. I just completed updating Halsbury’s Laws of Malaysia on Carriers the 4th Edition, [ last Edition was in 2016] after my earlier contributions to the original and 2nd Edition. I had to include more than 8 years development of the common law including the explosion of cases post Pandemic and the disruptions caused by events post 2020, For this title I was helped by a member of my team Jie Zing Lee which I express my gratitude and appreciation. I have involved my team members in my writing articles and book projects and I tell them their assistance is akin to them taking a LLM. With the updating completed, I am on to my next book project a Treatise on International Trade and Shipping. As with my Arbitrator’s role my writing complements my practice. From the publishers’ website on Halsbury's Malaysia: This series covers the entire spectrum of Malaysian law and is designed to enable practitioners to answer a full range of questions likely to arise in the course of their work. Each title is written by or in consultation with leading lawyers, both practitioners and academics, to ensure that readers benefit from a wealth of knowledge and experience. #arbitration #shipping #admiralty #lawpractice