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Deal by Design
Welcome to this edition of Law Update, focusing on the evolving M&A landscape across the MENA region. With deal activity and value continuing to grow, the region is seeing increased investor interest alongside a changing regulatory environment.
This edition explores key legal and market developments affecting M&A transactions, including regulatory reforms, foreign investment, governance, due diligence and deal structuring across the region.
On 13 February 2020, Port of Fujairah issued a ‘Notice to Mariner No. 272’ notifying marine agents, ship owners and oil terminal users that with immediate effect, oil tankers, LPG, LNG and gas carriers calling at Port of Fujairah and offshore anchorage, must all hold insurance certificates issued by one of the 13 International Group of P&I Clubs.
The implications for vessels entered with P&I insurers outside of the IG could be considerable, and owners and their insurers should be mindful of the risk of breaching charterparties, off-hire events or non-recoverable demurrage, or even missing bunkering commitments.
Fortunately, the Port of Fujairah declared that vessels that were already at outer-port anchorage before 13 February 2020 will be exempted from the new requirements. As of today’s date, it is unclear whether the Port of Fujairah will consider granting further specific-exemptions. We are aware that negotiations between some vessel owners, their insurers and the port, are still ongoing.
Omar Omar
Partner, Head of Transport & Insurance – UAE
o.omar@tamimi.com
Adam Gray
Senior Associate, Transport & Insurance
a.gray@tamimi.com
Wael Elgouhari
Paralegal, Transport & Insurance
w.elgouhari@tamimi.com
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