Advisor Dr. Hisham Fawzi’s notes on a federal law project regarding maritime law in the UAE
His Excellency / Dr. Obaid Ali Al-Muhairi: (Committee Rapporteur) “… The committee recommends further attention to training judges in maritime law and the expedited completion of the executive regulations for the law project to be ready upon its enactment.”
The President: “Thank you to Dr. Obaid Al-Muhairi. Now, are there any comments on the committee’s report?” (No comments were made) “Then does the council approve the draft law in principle?” (Approval)
The President: “Now we will move to the comparative table. As mentioned by Dr. Obaid, the draft law is extensive, and we will attempt to focus on the main articles on which the council and the government have agreements. We will read these articles without going into details. The word is to Brother Ahmed Al-Khatri – Committee Chairman.”
His Excellency / Ahmed Mohamed Al-Khatri: “Thank you, Mr. President. Please allow me a minute to explain to the members that the committee consulted experts during the discussion of this law project to arrive at this formulation. We also consulted an academic in maritime law and experts in maritime transport to gather comprehensive opinions on this project. Thus, it emerged in its current form. Additionally, we held a meeting with the respected government to review the amendments, significantly reducing those originally proposed before this meeting, as you see before you. The question, Mr. President, is why is this law of such length? The maritime law usually incorporates provisions from international agreements, given its importance to maritime transport economics. Therefore, the legislator must include all other provisions in civil transactions, commercial laws, and penal laws in this project to ensure comprehensive legal codes. Thank you.”
The President: “If there are no comments from the government, we will start with the articles of the draft law, starting with Article… Article without details. The word is to Brother Ahmed Al-Khatri.”
His Excellency / Ahmed Mohamed Al-Khatri: “Thank you, Mr. President. Is it allowed for me to explain the modifications again?”
The President: “Please proceed, Ahmed, and reiterate what you want to amend.”
His Excellency / Ahmed Mohamed Al-Khatri: “Modifying the clauses mentioned in the second paragraph (t), (th), and (kh) to (sh) and (t). Thank you.”
The President: “Are there any comments on Article 336?” (No comments were made) “Then does the council approve this article?” (Approval)
The President: “Proceed, Your Excellency, the Legal Advisor.”
Professor / Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council) “Mr. President, the article has been amended by merging clauses (1) and (2), thereby making clause (3) into clause (2), and the text now reads: ‘The validity of the periods stipulated in the preceding clause…’ Thank you.”
His Excellency / Ali Majed Al-Mutroushi: “Mr. President, in response to Dr. Abdulrahim’s remarks, I agree with his opinion. Regarding the bankrupt, who determines the bankrupt? Does he declare his bankruptcy personally, or are there guidelines for declaring bankruptcy in our country? When you say this person is bankrupt, meaning that the partnership must be dissolved, what are the criteria for determining bankruptcy? Can the brothers enlighten us? Thank you.”
The President: “Legal Advisor, who determines bankruptcy?”
Professor / Dr. Hisham Mohamed Fawzi: “Mr. President, there are around 200 to 220 articles in the UAE bankruptcy law. This matter is part of another law and not a separate part. Bankruptcy has been in existence for decades, and thank you.”
