To arrest a vessel in UAE waters, a maritime creditor must file an ex parte application at the Dubai Court of First Instance (or the competent federal court) citing a qualifying maritime claim under Articles 115–118 of UAE Federal Maritime Code (Federal Law No. 26/1981). In urgent cases, the court can issue an arrest order within 24 to 48 hours. The vessel is then detained at port until the debtor provides adequate security — typically a bank guarantee or a P&I Club letter of undertaking — or the claim is resolved. Speed is critical: the vessel must be physically present in UAE waters at the time the order is served.

 Vessel arrest is the single most powerful enforcement tool available to maritime creditors in the UAE. With over 7 years of maritime law practice in Dubai, Saeed Al Mheiri has handled vessel arrest applications across Dubai Courts, the Port of Jebel Ali, Sharjah, Fujairah, and Ras Al Khaimah. The procedure is highly effective — but it is also highly technical. A defective application can result in the arrest being set aside, a damages claim against the arresting party, and the vessel sailing before enforcement is possible.

This article sets out the complete step-by-step procedure for arresting a vessel in UAE waters under UAE Federal Law No. 26/1981, the documents required, the qualifying claim categories, the timeline you should expect, and the common mistakes that cost creditors their opportunity to recover.

What Is the Legal Basis for Vessel Arrest in the UAE?

UAE vessel arrest is governed by Chapter 3 (Articles 115 to 130) of UAE Federal Law No. 26 of 1981, known as the UAE Maritime Code. This chapter establishes the categories of maritime claims that give rise to an arrest right, the procedural requirements for obtaining an arrest order, and the mechanism by which a vessel can be released from arrest upon the provision of security.

A vessel arrest in the UAE is a form of precautionary attachment (known in Arabic as hajz tahtiyati) applied specifically to ships. Unlike an ordinary civil attachment, a maritime arrest does not require the creditor to have already obtained a judgment — it is a pre-judgment remedy designed to prevent a vessel from leaving UAE jurisdiction before the claim can be resolved.

Article 115 of the UAE Maritime Code lists the qualifying maritime claims. These include:

•       Damage caused by the vessel — collisions, groundings, property damage
•       Loss of life or personal injury caused by the vessel
•       Salvage claims
•       Charter party disputes — including demurrage
•       Damage to or loss of goods carried on board
•       General average claims
•       Bottomry and respondentia bonds
•       Port dues, canal dues, and other waterway charges
•       Wages of the master and crew
•       Disbursements incurred by the master for the account of the vessel or owners
•       Disputes over ownership or possession of a vessel
•       Maritime mortgages and hypothecations
•       Bunker supply claims — unpaid fuel supplied to the vessel

This list is broader than many creditors realise. Bunker suppliers, cargo interests, shipyard creditors, and port authorities all have qualifying claims that can support a vessel arrest application under UAE law.

Who Can Apply for a Vessel Arrest in UAE Waters?

Any person or entity holding a qualifying maritime claim under Article 115 of UAE Federal Law No. 26/1981 may apply for a vessel arrest. The applicant does not need to be a UAE national, a UAE-registered company, or a UAE court litigant — foreign companies and individuals can apply directly through UAE-licensed legal counsel.

Importantly, under Article 116 of the Maritime Code, arrest may be made against: (a) the vessel in respect of which the maritime claim arose; or (b) any other vessel owned by the person who was, at the time the maritime claim arose, the owner of the vessel in respect of which the claim arose — known as a sister ship arrest. This is a powerful provision that allows creditors to arrest a different vessel in the same owner’s fleet if the original vessel is not in UAE waters.

Critical Limitation — Sister Ship Rule The UAE sister ship arrest right under Article 116 applies only where the same legal owner held both vessels at the time the claim arose. If the vessel has been sold, transferred to a related company, or placed under a bare boat charter arrangement, the sister ship arrest right may not apply. Always verify the current registered ownership before applying. Saeed Al Mheiri Advocates can conduct urgent ownership searches at the UAE Maritime Authority.

What Is the Step-by-Step Process for Arresting a Vessel in UAE Waters?

The following procedure applies to vessel arrest applications filed at the Dubai Courts. The procedure at other UAE courts (Abu Dhabi, Sharjah, Fujairah, RAK federal courts) is substantively similar but may have different filing fees and administrative requirements.

Step 1

Verify the Maritime Claim (Article 115 Check) Confirm that your claim falls within the qualifying categories under Article 115 of UAE Federal Law No. 26/1981. Compile your evidence: supply contracts, invoices, charter party, bills of lading, correspondence demanding payment, and any prior court proceedings. The strength of your documented claim determines the speed at which the court will act.

 

Step 2

Confirm the Vessel Is in UAE Waters The vessel must be physically present in UAE territorial waters at the time the arrest order is served. Check the vessel’s AIS (Automatic Identification System) position via a vessel tracking service. Identify which UAE port or anchorage the vessel is at, as this determines which court has jurisdiction. Dubai Courts handle arrests at Dubai ports (Jebel Ali, Port Rashid); federal courts handle arrests at other Emirates’ ports.

 

Step 3

Instruct a UAE Maritime Lawyer Immediately Vessel arrest is a time-critical procedure that requires a UAE-licensed advocate to file in Arabic. Engage your lawyer as soon as you confirm the vessel is in UAE waters — do not delay. Provide all claim documentation immediately. At Saeed Al Mheiri Advocates, we can accept an urgent vessel arrest instruction, review documents, and prepare the application within hours.

 

Step 4

Prepare the Arrest Application Your UAE maritime lawyer will prepare the arrest application (Arabic language) addressed to the President of the Dubai Court of First Instance or the competent judge. The application must state: the nature and amount of the maritime claim; the legal basis under Article 115; the name, flag, and IMO number of the vessel; evidence of the claim; and the urgency grounds. Supporting documents must be translated into Arabic by a UAE-licensed translator.

 

Step 5

File at the Dubai Court of First Instance The application is filed at the Execution and Precautionary Measures department of the Dubai Court of First Instance. Court filing fees are calculated as a percentage of the claimed amount and must be paid at filing. In urgent cases, the application is submitted directly to the duty judge for same-day or next-day consideration. The court examines the application ex parte — the shipowner is not notified at this stage.

 

Step 6

Obtain the Court Arrest Order If the judge is satisfied that a qualifying maritime claim exists and the arrest is warranted, the court issues a formal arrest order. In urgent cases where there is a genuine risk the vessel will depart, this can be granted within 24 to 48 hours of filing. The order names the vessel and instructs the relevant port authority to detain it. In less urgent matters, the court may schedule a brief hearing before issuing the order.

 

Step 7

Serve the Arrest Order on the Port Authority and Vessel Once the arrest order is issued, your lawyer must immediately serve it on: (a) the port authority or harbour master at the port where the vessel is located; and (b) the master of the vessel. Time is critical — if the vessel is cleared to sail before service, the opportunity is lost. The port authority will then formally record the vessel as under arrest and refuse departure clearance.

 

Step 8

Notify the Registered Owner and Their Lawyers Once the arrest is served, formal notice is given to the registered shipowner (and any bareboat charterer) informing them of the arrest, the claim amount, and the steps required to obtain release. At this point, negotiations typically begin over the form and amount of security required to release the vessel.

 

Step 9

Negotiate Security for Release The shipowner will seek to release the vessel by providing adequate security — typically a bank guarantee from a UAE bank or a P&I Club letter of undertaking (LOU). You, as the arresting creditor, have the right to assess whether the proposed security is adequate. The amount should cover: the principal claim + interest + estimated legal costs + a margin. If you reject inadequate security, the vessel remains arrested until court-approved security is provided.

 

Step 10

Proceed With the Substantive Claim Once security is in place and the vessel is released, the substantive maritime claim proceeds — either in the UAE Courts (if UAE law governs) or in arbitration (if the contract provides for DIFC or foreign arbitration). The security stands as a guarantee for any eventual judgment or award. If the shipowner fails to provide security, the court may order the vessel sold at judicial auction to satisfy the debt.

 What Are the Expected Timelines for a UAE Vessel Arrest?

Stage	Typical Timeline
Emergency arrest order (ex parte, vessel about to sail)	24 – 48 hours from filing
Standard arrest order (vessel in port, no urgency)	3 – 7 working days from filing
Service of arrest order on port authority	Same day as order issued (by lawyer)
Vessel release once adequate security provided	2 – 5 working days
Substantive claim — first instance judgment (Dubai Courts)	6 – 18 months from filing
Appeal (Dubai Court of Appeal)	Additional 6 – 12 months

What Documents Are Required for a UAE Vessel Arrest Application?

The following documents must be submitted with the arrest application. All documents in a foreign language must be accompanied by a certified Arabic translation prepared by a UAE Ministry of Justice licensed translator.

•       Evidence of the maritime claim — invoices, supply contracts, charter party, bills of lading, or any document establishing the debt or obligation
•       Demand letter or correspondence demonstrating prior attempt to recover
•       Vessel details — name, flag state, IMO number, current port location
•       Evidence of vessel ownership — Lloyd’s Register entry or UAE Maritime Authority records
•       Power of attorney — authorising your UAE maritime lawyer to act on your behalf, notarised and legalised
•       Applicant identification — passport copy and trade licence (for corporate applicants, commercial registration and constitutional documents)
•       Court fee payment — calculated on the claimed amount at the applicable tariff under Cabinet Resolution No. 57/2018

Practical Note — Power of Attorney For foreign applicants (non-UAE companies or individuals), a properly notarised and legalised power of attorney is essential. This document authorises Saeed Al Mheiri Advocates to file the arrest application on your behalf. The legalisation process (apostille or UAE Embassy attestation depending on your jurisdiction) should be started immediately when you anticipate a vessel arrest — delays in PoA legalisation have caused creditors to miss the arrest window. Contact us immediately and we will advise on the fastest PoA route for your jurisdiction.

Real Case: How a Vessel Arrest Secured Full Recovery in 5 Days

In a vessel arrest matter handled by Saeed Al Mheiri Advocates, a UAE-based bunker supplier had supplied marine fuel worth AED 2.4 million to a vessel operating in the Arabian Gulf. The shipowner — a foreign company — had made two partial payments and then ceased all communication. AIS tracking showed the vessel had entered Jebel Ali port for a scheduled cargo call.

We were instructed on a Monday afternoon. By Tuesday morning, we had filed the arrest application at the Dubai Court of First Instance, citing Article 115(k) of UAE Federal Law No. 26/1981 (unpaid supplies to the vessel). The court granted the arrest order on Wednesday. The order was served on the port authority before the vessel completed its cargo operations.

The shipowner’s P&I Club contacted us on Thursday, initially offering a partial LOU. We rejected it as inadequate and provided a detailed breakdown of the claim including interest and costs. By Saturday, the Club had issued a full LOU for the total amount. The vessel was released and the substantive arbitration — provided for in the bunker supply contract — proceeded to a settlement in our client’s favour within two months.

Total time from instruction to vessel release: 5 days. The vessel never left port with an unsecured debt.

What Are the Most Common Mistakes in UAE Vessel Arrest Applications?

1.   Waiting too long — The vessel has a finite window in any UAE port. Once it sails, enforcement becomes exponentially harder. Contact a maritime lawyer the moment you identify the vessel is in UAE waters.
2.   Filing without a qualifying claim — If the claim does not fall within Article 115 of the Maritime Code, the arrest will be challenged and set aside. Courts have awarded damages against creditors who arrested vessels on unsupported grounds.
3.   Incorrect identification of the vessel owner — If the vessel has been sold or transferred, the arrest may be challenged. Always conduct a current ownership search before filing.
4.   Inadequate Arabic translation — All documents must be certified by a UAE Ministry of Justice licensed translator. Uncertified translations cause court rejection.
5.   Failing to serve the order quickly enough — An arrest order not served before the vessel is given departure clearance is worthless. Your lawyer must be in a position to serve within hours of the order being issued.
6.   Accepting inadequate security for release — Once you release a vessel against inadequate security, you may have limited recourse if the security does not cover the full judgment. Always take legal advice on the adequacy of any proposed security before agreeing to release.

Frequently Asked Questions — Vessel Arrest UAE Procedure

Q1. Can I arrest a vessel in UAE waters without a UAE court judgment?

Yes. Vessel arrest under UAE Federal Law No. 26/1981 is a pre-judgment remedy. You do not need to have obtained a court judgment before filing for arrest — you only need to demonstrate a qualifying maritime claim under Article 115 of the Maritime Code. The arrest is security for the claim, not enforcement of a judgment.

Q2. What happens if the vessel sails before the arrest order is served?

If the vessel leaves UAE territorial waters before the arrest order is physically served on the port authority and vessel master, the arrest is ineffective. You will need to pursue enforcement in the vessel’s next port of call. This is why speed in both obtaining and serving the order is critical. Contact Saeed Al Mheiri Advocates immediately if you believe a vessel may attempt to sail — in some cases, we can seek an emergency order within hours.

Q3. Can a vessel arrested in Dubai be also arrested in another country for the same claim?

Yes, subject to the rules of each jurisdiction. The UAE is not a party to the 1952 International Convention Relating to the Arrest of Seagoing Ships, so there is no automatic bar to multiple arrests in different countries for the same claim. However, arresting courts in other jurisdictions may take into account security already provided in the UAE, and providing adequate security in one jurisdiction is typically sufficient to obtain release from arrest globally.

Q4. How much does it cost to file a vessel arrest application in Dubai?

UAE court filing fees for arrest applications are calculated as a percentage of the claimed amount under Cabinet Resolution No. 57/2018. Legal fees (for preparation, filing, serving, and managing the arrest) vary depending on the complexity and urgency of the matter. Saeed Al Mheiri Advocates provides a clear fee estimate at the outset of any arrest instruction. Contact us for a confidential consultation.

Q5. What if the vessel is registered in a flag of convenience?

The flag state of the vessel does not affect the UAE court’s jurisdiction to order an arrest. UAE courts assert jurisdiction based on the physical presence of the vessel in UAE waters — not on the vessel’s flag, ownership nationality, or the law governing the underlying contract. A vessel registered in Panama, Marshall Islands, or any other flag state can be arrested in UAE waters if a qualifying claim exists.

Q6. Can a time charterer’s vessel be arrested for the shipowner’s debts?

Generally, no. Under UAE maritime law, a vessel can only be arrested for claims against the vessel’s owner (or a sister ship owned by that same owner). If a vessel is under a time charter and the claim is against the shipowner — not the charterer — it can still be arrested regardless of the charterer’s rights. However, arrest is not available against a vessel merely because the charterer (not the owner) owes the debt. The contractual liability structure is critical to assess before filing.

Need to Arrest a Vessel in UAE Waters? Act Now. Vessel arrests are time-critical. Every hour the vessel remains in port without an arrest order is a risk to your recovery. Saeed Al Mheiri Advocates handles urgent vessel arrest applications at Dubai Courts and UAE federal courts. Contact us immediately for a confidential consultation. Call: +971 50 207 2186   |   Email: info@saeed-almheiri.ae 1907 Churchill Tower, Business Bay, Dubai, UAE  |  www.saeed-almheiri.ae