The right the British came to the “moon”

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Британское право дошло до "Луны"

At the request of the London court in Dubai has arrested a family yacht of the Russian businessman Farkhad Akhmedov. How dangerous is this precedent for Emirates?

Arab media are amazed and perplexed; never before had such a conservative family law that are treated in the UAE at the Sharia laws, have not experienced such pressure third-party jurisdiction, as in the case of the arrest of the yacht Luna Russian businessman Farkhad Akhmedov, who came in for service at the docking port Rashid. As evidenced by the Arabic edition of The Gulf News, a 115-metre desyatiballnoy the ship with two helipads worth over half a billion dollars was arrested by the verdict of an International financial centre Dubai as an interim measure by the decision of the High court in London.

Some time ago, the British Themis staged the whole show from the divorce proceedings between citizens of Russia Farhad Ahmedov and his ex-wife Tatiana. Despite the fact that Akhmedovy officially divorced in Russia nearly twenty years ago, in 2013, the London court suddenly decided to join the sovereign family history. On the initiative of living in the UK capital ex-wife of a businessman, a local court has accepted to consideration the claim about section of property Akhmedov. It is easy to guess which side prevailed in this proceeding: on one side of the barrier, in this strange process was a woman, long and firmly settled in the United Kingdom, which, according to rumors, the caregivers, not only British intelligence, but also members of ethnic organized crime groups. On the other side, a Russian businessman, independently and from scratch to build its gas business in Siberia, which, moreover, refused to cling to the opportunity to live and work according to British law.

In the end, the High court granted the financial requirements of the plaintiff, decided to collect in favor of half of the ex-spouse. London court were not confused by the fact that the Russian Themis has already made the decision on divorce and division of property. Was not taken into consideration the fact that Farkhad Akhmedov voluntarily and has been for many years regularly paid the mother of his children Tatiana Akhmedova generous content, which would be enough for a comfortable existence of dozens of the most discerning families. And finally, London’s High court completely ignored the reason for the collapse of marriage , which has been proven, established and recognized his ex-wife Akhmedov. Cheating husband with a young lover, which led to the collapse of the family boats, the irony of fate and the whim of the English justice now and pulls yacht Luna, owned by the family trust Akhmedov.

The situation worsened amid the current deterioration of Russian— British relations and threats of the Prime Minister Theresa may “punish the Russian oligarchs”, somehow connected with the UK. It seems that one of the first in the millstones of this machine landed Farhad Akhmedov, a long time speaking publicly exposing the duplicity of the English Themis and declares support of the Russian authorities in the fierce conflict with the West. “Otvetka” from Albion arrived in English suddenly and meanly, upon reaching the entrepreneur where it was difficult to expect a dirty trick.

 

 Британское право дошло до "Луны"

 

If the yacht Luna, moored in the port of Glasgow or Belfast, the story would be, though no less resonant, but quite a logical. However, the judicial system of the UAE and most importantly – to the mentality of the Arab States – the current turn of events with the arrest of the yacht of her husband in favor of wife-adulteress is clearly beyond the limits of decency.

On the one hand, of course, the court system DFMC in the United Arab Emirates in its current form is largely created by the efforts of British lawyers. But, on the other hand, the rule of the Sharia approach to the issues of marriage and details of divorce proceedings, no one in Dubai has not been canceled. Divorce in the Muslim world is generally considered a rarity, but if it happens for obvious fault the wrong spouse, then the injured party clearly recognized the disgraced husband, to whom, and decide whether to adjust wronged his faithful without any means of livelihood, or still be the bigger person and assign some content.

Courts International financial centre Dubai, as you know, based on case law. This trap may be used against the Arabs whose wives love to spend shopping in London. Now any offended spouse, after spending six months in the UK, can claim half of the property and money of the sheikhs. Of course, the British created courts DFMC in Dubai as the tool to increase its dominance in the region with English common law. Just like they previously created a similar right in Australia, Singapore, Zambia, Malaysia, Hong Kong, South Korea, new York, Kenya. After the court decision it becomes a precedent and, in fact, receives the status of the law. Judges will be guided by this decision when considering other similar cases, in contrast to other jurisdictions.

 

What happened now in the judicial system of Dubai, which went on about the Western Themis in this uncompromising question for themselves as divorce economic argument, violates not only the court, but civil, and along with them – and the foundations of the state in the Arab world. No wonder the local media write about the unprecedented decision of the court of International the Dubai financial centre (DIFC), which, however, recently made a statement that the Fund of businessman Farhad Akhmedov “Straight Establishment” may file an appeal for the release of the arrested boat.

Meanwhile, is clearly Pro-British the decision of the Dubai court DFMC doubt lawyers because contrary to International Maritime law. According to this law, to obtain a warrant for the arrest of a vessel is only possible with claims, lawsuits and claims based solely and directly on the sea law — for example, in the case of non-performance of contractors or sailors. In this case, the DIFC court handed down its decision on the basis of the decision of the English court, who conducted the case on the division of marital property and had nothing to do with the provisions and requirements of the International law of the sea. This means that the case of the arrest of a yacht is simply not included in the jurisdiction of the court DIFC.

And finally, the scandal with the judicial decision to arrest the yacht Farhad Ahmadov in the UAE could set a dangerous precedent that could lead to considerable reputational damage for the Emirate of Dubai, is still considered a “Paradise for investors” and “zone of stability” for all who are here property and capital. Dubai Drydocks, where the moored yacht Luna is a first-class company founded on the highest standards, which have invested huge funds and cannot afford similar incidents. Technically, Dubai Drydocks capable of competing with the best repair companies of Europe and America, moreover, the ship owners prefer the Dubai shipyard for “Muslim” that is extremely pedantic and transparent approach to the performance of its obligations. However, the conflict around the yacht Akhmedov could change the opinion of owners of yachts of a class “Lux”, the main requirement which is a guarantee against such “trouble” and fraudulent claims.

It is highly likely that these arguments will be taken into account on appeal the Dubai court. Principals Farhad Akhmedov believe that the DIFC as a respected commercial and financial institution cannot be a ground for proceedings in family law with involvement in the process, on the one hand, a Muslim resident of the UAE, and on the other hand, the plaintiff, whose actions may violate criminal law. Therefore, the lawyers hope that the sovereignty of the courts of Dubai in relation to matters of personal law will prevail. And would be rendered a verdict that meets the principles of law and consistent with the objectives of protection and improvement of the economic and judicial system of the UAE “for the benefit of those who have chosen this country to live and do business, or intend to do so in the future.”

Oleg Nikolaev

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