Ask Gulf News: When can a ship be attached to recover a debt under UAE maritime law
Debt recovery: When ships can be seized in UAE
Question: I have a loan against one person who owes a ship. Do I have the right to attach the ship in order to guarantee my money? What are the procedures of such attachment?
Answer: You can attach the ship only in case your debt is considered as maritime debt, according to Article 53 of the Federal Decree Law No. (43) Of 2023 Concerning the Maritime Law which exclusively defines the maritime debts and stipulates that “Prejudgment attachment shall be created on the ship in satisfaction of a maritime debt only, by a decision of the competent court “.
The procedures for such attachment are:
You should submit the application to the competent court.
You should submit a financial guarantee with the attachment to fulfil the necessary needs for the security and safety of the ship and its crew during the period of attachment
The competent court should accept the financial guarantee submitted by the attachment application.
The attachment of the ship shall result in preventing the same from sailing.
A copy of the Prejudgment attachment report shall be delivered by the enforcement officer to the Ship Agent or to the captain of the ship or his representative.
The Prejudgment attachment applicant shall file a case for the validity of the attachment before the competent court in whose jurisdiction the attachment is executed, not later than (5) five working days from the date of the attachment. Otherwise, the Prejudgment attachment shall be considered null and void.
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