Book an appointment with us, or search the directory to find the right lawyer for you directly through the app.
Find out moreThe first Law Update of 2024 is here, and our first focus of the year spotlights Healthcare and Lifesciences, a sector that is undergoing significant growth and development across the MENA region.
Our focus provides an insight into some of the most important regulatory updates across the region, such as the UAE’s groundbreaking law on the use of human genome, Kuwait’s resolution on nuclear and radioactive materials, the new regulations for healthcare services in Qatar, Egypt’s healthcare regulatory framework, and the impact of the Saudi Civil Transactions Law on the healthcare and life sciences sector … and there is so much more!
Beyond the healthcare pages our lawyers share with you multi-sector insights where you will discover articles on Dubai’s DIFC regulatory framework for startups, Bahrain’s commercial agencies law, and we also shed light on Kuwaiti civil code and the advantages of setting up a joint stock company in Saudi Arabia.
Read the full editionOmar N. Omar - Partner, Head of Transport & Insurance - Insurance / Shipping, Aviation & Logistics
October 2013
The same level of experience should apply to all parties involved with maritime work and industry, including the courts which often must decide on the complex disputes that can arise. The courts generally appoint maritime experts to assist them when deciding such cases, and this article examines whether the UAE courts are too reliant on such experts.
The UAE courts, and the Dubai courts in particular, have reached a high level of proficiency in handling maritime claims. However, with (a) the large number of cases referred to individual experts or expert panels by courts, and (b) the wide scope of tasks given to the experts by the court, experts are given a level of responsibility which far exceeds the normal scope of work for experts in other jurisdictions. They are often empowered to consider evidence, determine liability and apportion compensation between the parties. This means that parties effectively have to plead their case twice: first to the expert, and then to the court.
This is an additional burden imposed on the parties. It also requires them to rely on not only the expert’s technical expertise, but also the expert’s legal reasoning (which may be limited). Although the expert’s report will be reviewed by the court, the problem is that the expert will usually tell the court that he has reached the “legal” conclusion about who is liable based on his technical expertise and background, which is a matter that the court will have to trust the expert on, since they depend on the expert on technical matters.
The experts appointed by the court are chosen from a list and are described as either a ‘maritime expert’ or as a ‘maritime engineer’. There are no subcategories to reflect the various specialized aspects relating to maritime affairs. This is unsatisfactory given how exceptionally complicated and technologically advanced vessels and everything surrounding a vessel can be. In the author’s view the list should be replaced with a specialized maritime list of experts, which should contain a detailed and regularly updated background for each expert. The list should also include international parties which the court can rely on for additional advice if the expert list does not include the required expertise needed by the court. Finally, in light of how onerous a maritime case can be, the expert should submit a detailed plan for the work to the court and the parties before starting. This report will demonstrate to the court and the parties that the expert actually has the required knowledge, background and experience to handle the technical task entrusted to him.
The UAE is rapidly becoming a regional icon and the preferred destination for many major businesses worldwide. Jebel Ali port as one of the largest ports in the world, and there are many other ports on the way. There is therefore a real need for specialized and internationally recognized court maritime experts. This will make the courts more effective when resolving maritime disputes, and therefore give the local and international maritime community more confidence in the UAE. This is a natural development stemming out of the continuous development and specialisation of the courts and the increasing demands of the growing maritime sector. The courts should also consider creating admiralty courts, night courts and courts available during the weekends and public holidays, to further support the sector’s growth and enable the UAE to remain competitive.
To learn more about our services and get the latest legal insights from across the Middle East and North Africa region, click on the link below.