Kurdish Studies

ISSN: 2051-4883 | e-ISSN: 2051-4891
Email: editor@kurdishstudies.net

Modern Trends in Proving the Maritime Transport Contract in Light of Federal Decree No. (43) of 2023 Regarding Maritime Law and the 2008 Rotterdam Convention

Dr. Fouad Ali Al-Quhali
Umm Al Quwain University, United Arab
Mohammed Njim Ibrahim Elyat
Public law, Faculty of law, Arab Open University, Sib, Oman
Keywords: electronic bill of lading, traditional bill of lading..

Abstract

This research discusses the developments in the maritime transport industry, and one of the most prominent features of these developments is the reliance on electronic media in concluding and proving the maritime transport contract, and issuing electronic bills of lading, given the speed these means provide that is compatible with the nature of commercial transactions and reduces disputes. Although Federal Decree Law No. (43) of 2023 was issued, after long anticipation, it addressed the issue of electronic bills of lading only in Article (163) of the same decree, and this, in our opinion, is not compatible with the recent developments taking place in the United Arab Emirates specifically. In the field of maritime transport. For this reason, we believe that the UAE Maritime Law Decree is still in urgent need of regulating the legal framework for electronic bills of lading in a more detailed manner, as the Rotterdam Convention of 2008 did.

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