Jasmin Fichte October 16, 2025October 17, 2025 In a major step towards strengthening maritime safety and environmental protection, the United Arab Emirates (UAE) has officially ratified two landmark international maritime conventions — the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC 1990) and the Nairobi International Convention on the Removal of Wrecks, 2007 (Nairobi WRC 2007). This development marks an important milestone in the UAE’s ongoing efforts to align its maritime framework with globally recognized standards and reinforce its position as a leading maritime hub in the region. Key Highlights Entry into Force Both conventions will formally enter into force in the UAE on 24 December 2025, after which their provisions will become legally binding on all relevant maritime activities within UAE jurisdiction. Extension of the WRC to Territorial Waters In accordance with Article 3(2) of the Nairobi WRC 2007, the UAE has extended the scope of the Convention to include its territorial waters — a move that further demonstrates its commitment to maritime safety and effective wreck-removal management. Direct Claims Against Insurers A notable change introduced through the ratification of the Nairobi WRC 2007 is the right of direct action against insurers. This represents a significant evolution from current UAE law, which does not previously allow such a mechanism, and will have important implications for both shipowners and underwriters. Compulsory Insurance Requirements Article 12 of the Nairobi WRC 2007 requires vessels of 300 GT and above flying the flag of a State Party to hold a Certificate of Insurance. The UAE has already taken proactive steps through Cabinet Resolution No. 71 of 2021, extending this obligation to all vessels—national and foreign—operating within UAE waters. Limitation of Liability Considerations While the Nairobi WRC 2007 links liability limitation to the Convention on Limitation of Liability for Maritime Claims (LLMC), UAE maritime law does not allow shipowners to limit liability for wreck removal. This may create complex interactions between UAE law and international insurers seeking to establish limitation funds abroad — a practice commonly referred to as forum shopping. How UAE courts will respond to such situations remains to be seen. Insurance Liability Cap Under Article 12(10) of the Nairobi WRC 2007, an insurer’s liability is capped at the amount of insurance coverage, offering greater certainty and predictability in claims scenarios. Settlement of Disputes The UAE has entered a reservation under Article 15 of the Nairobi WRC 2007, as it is not a party to the United Nations Convention on the Law of the Sea (UNCLOS). It remains to be clarified whether disputes will fall under the jurisdiction of the International Tribunal for the Law of the Sea or be addressed through other mechanisms under Article 287 UNCLOS. Looking Ahead The ratification of these two conventions underscores the UAE’s strategic commitment to safeguarding the marine environment and ensuring the safety of navigation in its waters. By adopting internationally recognized frameworks on pollution preparedness and wreck removal, the UAE strengthens both its regulatory landscape and its reputation as a responsible maritime nation. Further guidance from the relevant authorities is expected as the conventions approach their entry into force. Fichte & Co continues to monitor these developments closely and remains available to assist shipowners, insurers, and other stakeholders in understanding and implementing the new requirements arising from these conventions.
