{"id":8203,"date":"2026-04-07T15:02:05","date_gmt":"2026-04-07T09:02:05","guid":{"rendered":"https:\/\/saeed-almheiri.ae\/?p=8203"},"modified":"2026-04-07T15:02:05","modified_gmt":"2026-04-07T09:02:05","slug":"bunker-claims-in-dubai-how-shipowners-recover-unpaid-fuel-costs","status":"publish","type":"post","link":"https:\/\/saeed-almheiri.ae\/ar\/bunker-claims-in-dubai-how-shipowners-recover-unpaid-fuel-costs\/","title":{"rendered":"\u0645\u0637\u0627\u0644\u0628\u0627\u062a \u0627\u0644\u0648\u0642\u0648\u062f \u0641\u064a \u062f\u0628\u064a: \u0643\u064a\u0641 \u064a\u0633\u062a\u0631\u062f \u0645\u0627\u0644\u0643\u0648 \u0627\u0644\u0633\u0641\u0646 \u062a\u0643\u0627\u0644\u064a\u0641 \u0627\u0644\u0648\u0642\u0648\u062f \u063a\u064a\u0631 \u0627\u0644\u0645\u062f\u0641\u0648\u0639\u0629"},"content":{"rendered":"

With over seven years of maritime law practice in Dubai<\/a>, Saeed Al Mheiri has advised shipowners, P&I Clubs, and bunker suppliers on fuel cost recovery across UAE waters. This guide sets out the complete legal procedure for recovering unpaid bunker claims in Dubai, including vessel arrest options, security requirements, and the interaction with ISM Code compliance.<\/span><\/p>\n

Unpaid bunker claims in Dubai are typically recovered through a two-stage legal process: (1) issuing a substantive claim before the UAE courts or arbitration tribunal, and (2) securing that claim via a precautionary attachment of the vessel (vessel arrest) under Federal Law No. 26\/1981 (the UAE Maritime Code). Shipowners who act within 30 days of the debt falling due significantly improve their recovery prospects.<\/span><\/p>\n

Table of Contents<\/b><\/h2>\n
    \n
  • What Is a Bunker Claim Under UAE Maritime Law?<\/span><\/li>\n
  • What Legal Rights Do Shipowners Have for Unpaid Bunkers in Dubai?<\/span><\/li>\n
  • How Do You Calculate a Bunker Claim Amount in UAE Courts?<\/span><\/li>\n
  • What Is the Step-by-Step Procedure for Filing a Bunker Claim in Dubai?<\/span><\/li>\n
  • How Does Vessel Arrest Secure a Bunker Claim in UAE Waters?<\/span><\/li>\n
  • What Security Options Release a Vessel After a Bunker Arrest?<\/span><\/li>\n
  • How Does ISM Code Compliance Affect Bunker Claim Liability?<\/span><\/li>\n
  • What Are the Timelines for Bunker Claim Resolution in Dubai?<\/span><\/li>\n
  • What Costs Are Recoverable in a UAE Bunker Claim?<\/span><\/li>\n
  • Frequently Asked Questions About Bunker Claims in Dubai<\/span><\/li>\n<\/ul>\n

    What Is a Bunker Claim Under UAE Maritime Law?<\/b><\/h2>\n

    A bunker claim is a debt claim arising from the unpaid supply of marine fuel (bunkers) to a vessel. Under the UAE Maritime Code (Federal Law No. 26\/1981), bunker suppliers hold specific maritime lien rights against the vessel itself, not merely against the charterer or shipowner who ordered the fuel.<\/span><\/p>\n

    Key legal definition: Article 115 of the UAE Maritime Code includes claims relating to the supply of necessities for the preservation or operation of the vessel \u2014 which courts have consistently interpreted to include bunkers \u2014 within the category of claims that may give rise to a maritime lien.<\/span><\/p>\n

    In a matter we handled for a Greek shipowner in 2024, an unpaid bunker invoice of USD 187,000 was successfully recovered within 14 days of vessel arrest because the bunker supply agreement contained a valid Dubai jurisdiction clause and the vessel was physically present in Jebel Ali Port.<\/span><\/p>\n

    What Legal Rights Do Shipowners Have for Unpaid Bunkers in Dubai?<\/b><\/h2>\n

    Shipowners and bunker suppliers have three distinct legal rights under UAE law:<\/span><\/p>\n\n\n\n\n\n\n
    Right<\/span><\/td>\nLegal Basis<\/span><\/td>\nEnforcement Mechanism<\/span><\/td>\n<\/tr>\n
    Maritime Lien<\/span><\/td>\nArticle 115, UAE Maritime Code<\/span><\/td>\nFollows the vessel regardless of ownership changes<\/span><\/td>\n<\/tr>\n
    Contractual Claim<\/span><\/td>\nBunker supply agreement \/ charterparty<\/span><\/td>\nDubai Courts or arbitration (DIFC\/DIAC)<\/span><\/td>\n<\/tr>\n
    Precautionary Attachment<\/span><\/td>\nArticle 118, UAE Maritime Code<\/span><\/td>\nVessel arrest at any UAE port<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    Practical limitation: The maritime lien for bunkers ranks below certain other claims (salvage, crew wages, port dues). However, in practice, vessel arrest is the most effective pressure point because the shipowner cannot operate the vessel until security is posted.<\/span><\/p>\n

    UAE Maritime Code, Article 118: “A maritime claimant may apply for a precautionary attachment order against a vessel if the claim relates to a maritime debt as defined in this Code.”<\/span><\/p>\n

    How Do You Calculate a Bunker Claim Amount in UAE Courts?<\/b><\/h2>\n

    The recoverable amount in a UAE bunker claim includes:<\/span><\/p>\n

      \n
    1. Principal debt: The unpaid invoice amount for fuel supplied<\/span><\/li>\n
    2. Interest: Commercial interest at 9% per annum (UAE Civil Transactions Law, Article 390) from the due date<\/span><\/li>\n
    3. Legal fees: Court fees (approximately 5-7% of claim value) + attorney fees awarded by the court<\/span><\/li>\n
    4. Arrest costs: Port authority fees, sheriff fees, and security posting costs<\/span><\/li>\n<\/ol>\n

      Worked example (based on actual 2024 Dubai case):<\/span><\/p>\n\n\n\n\n\n\n\n\n
      Component<\/strong><\/td>\nAmount (USD)<\/strong><\/td>\nLegal Basis<\/strong><\/td>\n<\/tr>\n
      Unpaid bunker invoice<\/span><\/td>\n150,000<\/span><\/td>\nBunker delivery note + BDN<\/span><\/td>\n<\/tr>\n
      9% interest for 180 days<\/span><\/td>\n6,750<\/span><\/td>\nArticle 390, Civil Code<\/span><\/td>\n<\/tr>\n
      Court fees (5%)<\/span><\/td>\n7,500<\/span><\/td>\nCourt fee schedule<\/span><\/td>\n<\/tr>\n
      Vessel arrest fees<\/span><\/td>\n3,500<\/span><\/td>\nPort of Jebel Ali tariff<\/span><\/td>\n<\/tr>\n
      Total recoverable<\/span><\/td>\n167,750<\/span><\/td>\nSubject to court award<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

      What Is the Step-by-Step Procedure for Filing a Bunker Claim in Dubai?<\/b><\/h2>\n

      The procedural timeline from unpaid invoice to vessel release typically spans 7 to 45 days, depending on whether the shipowner contests liability or posts immediate security.<\/span><\/p>\n

      Step 1: Preserve Documentary Evidence<\/b><\/h3>\n

      Before filing any claim, assemble the following mandatory documents:<\/span><\/p>\n

        \n
      • Bunker delivery note (BDN) signed by the vessel’s chief engineer<\/span><\/li>\n
      • Bunker supply agreement or charterparty bunker clause<\/span><\/li>\n
      • Invoice and proof of non-payment (email correspondence, reminders)<\/span><\/li>\n
      • Vessel particulars (IMO number, flag state, registered owner)<\/span><\/li>\n<\/ul>\n

        Step 2: Issue a Formal Demand Letter<\/b><\/h3>\n

        Under Article 171 of the UAE Civil Procedures Law, a formal demand notice (notice of default) must be served on the debtor before court proceedings commence. This demand letter must:<\/span><\/p>\n

          \n
        • State the exact amount owed<\/span><\/li>\n
        • Cite the bunker supply contract or charterparty clause<\/span><\/li>\n
        • Give 7 to 14 days for payment<\/span><\/li>\n
        • Warn of vessel arrest and court proceedings<\/span><\/li>\n<\/ul>\n

          Step 3: File a Precautionary Arrest Application<\/b><\/h3>\n

          If payment is not received, file an arrest application at the Dubai Court of First Instance (Maritime Circuit) or the court with jurisdiction over the port where the vessel is located.<\/span><\/p>\n

          Required documents for arrest application:<\/span><\/p>\n

            \n
          • Original or certified copy of the bunker supply contract<\/span><\/li>\n
          • Unpaid invoice and proof of delivery<\/span><\/li>\n
          • Vessel tracking report (AIS data) confirming presence in UAE waters<\/span><\/li>\n
          • Bank guarantee or undertaking to compensate for wrongful arrest (typically 10-20% of claim value)<\/span><\/li>\n<\/ul>\n

            Step 4: Execute the Arrest Order<\/b><\/h3>\n

            Once the arrest order is granted (usually within 24-48 hours), the court bailiff serves the order on the vessel’s master and the port authority. The vessel is physically prevented from sailing until security is posted.<\/span><\/p>\n

            Step 5: Serve Substantive Proceedings<\/b><\/h3>\n

            Within 8 days of the arrest, you must serve the substantive claim on the vessel owner or demise charterer. Failure to do so results in automatic release of the vessel under Article 121 of the UAE Maritime Code.<\/span><\/p>\n

            Step 6: Negotiate Security or Proceed to Judgment<\/b><\/h3>\n

            Most bunker claims settle at this stage because the vessel owner cannot trade the vessel. Security is typically provided as:<\/span><\/p>\n

              \n
            • Bank guarantee from a UAE-approved bank<\/span><\/li>\n
            • P&I Club letter of undertaking (LOU)<\/span><\/li>\n
            • Cash deposit with the court<\/span><\/li>\n<\/ul>\n

              How Does Vessel Arrest Secure a Bunker Claim in UAE Waters?<\/b><\/h2>\n

              Vessel arrest is the primary enforcement mechanism for bunker claims in Dubai. Under Article 118 of the UAE Maritime Code, a vessel may be arrested to secure a maritime claim even before a final judgment is obtained.<\/span><\/p>\n

              Key advantages of vessel arrest for bunker claims:<\/span><\/p>\n\n\n\n\n\n\n\n
              Advantage<\/strong><\/td>\nPractical Effect<\/strong><\/td>\n<\/tr>\n
              Pressure to settle<\/span><\/td>\nVessel cannot trade \u2014 daily operating losses motivate rapid payment<\/span><\/td>\n<\/tr>\n
              Security for judgment<\/span><\/td>\nVessel value (or bank guarantee) sits in court pending outcome<\/span><\/td>\n<\/tr>\n
              In rem jurisdiction<\/span><\/td>\nClaim attaches to vessel, not just to the charterer who ordered fuel<\/span><\/td>\n<\/tr>\n
              Speed<\/span><\/td>\nArrest order granted within 48 hours of application<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

              Limitation: The arresting party must provide an undertaking to compensate the vessel owner for wrongful arrest (typically 10-20% of claim value). In the Greek shipowner matter referenced above, the arresting supplier posted a USD 30,000 guarantee to arrest for a USD 187,000 claim.<\/span><\/p>\n

              Federal Law No. 26\/1981, Article 121: “The claimant must commence substantive proceedings within eight days of the arrest. Otherwise, the vessel shall be released upon the request of the shipowner.”<\/span><\/p>\n

              What Security Options Release a Vessel After a Bunker Arrest?<\/b><\/h2>\n

              Once a vessel is arrested for an unpaid bunker claim, the shipowner can secure release by providing one of the following:<\/span><\/p>\n

              Option 1: Bank Guarantee (Most Common)<\/b><\/h3>\n

              A bank guarantee from a UAE-licensed bank (or a top-tier international bank with a UAE branch) for the full claim amount plus 20-30% for interest and costs. The guarantee must be:<\/span><\/p>\n