Ship arrest explained
Ship arrest refers to the civil law procedure whereby a ship or similar marine vessel may be arrested by judicial process and held under state authority in a particular jurisdiction pending the determination of present or future claims relating to the vessel.[1] [2] The ship is detained by judicial process for the purpose of securing a maritime claim, or for unseaworthiness and certain other conditions.
A ship may be "arrested" and detained in port by a court order in support of a maritime lien claim by creditors against the vessel.[3]
The grounds upon which a ship may be arrested vary under the legal systems of different countries. But common grounds which may permit arrest may include:[4]
- damage to cargo carried by the ship
- damage caused by a collision with the ship
- to protect a mortgage or maritime lien over the ship
- unpaid pilotage or towage relating to the ship
International Conventions
A number of international conventions have been entered into in relation to arrest of ships under maritime law. They include:
Notes and References
- Web site: Ship Arrest Under Maritime Law: Reasons, Procedure, and Precautions . Marine Insight . 9 October 2019 . 29 May 2020 . 4 January 2019 . https://web.archive.org/web/20190104075346/https://www.marineinsight.com/maritime-law/ship-arrest-under-maritime-law-reasons-procedure-and-precautions/ . live .
- Web site: The Arrest Conventions: International Enforcement of Maritime Claims. . Hart Publishing. 2019 .
- News: 3 April 2020. Points to Consider if your Ship is Arrested. Eugene. Cheng. West of England. 5 August 2020. 5 August 2020. https://web.archive.org/web/20200805205726/https://www.westpandi.com/publications/news/points-to-consider-if-your-ship-is-arrested/#:~:text=An%20arrest%20is%20a%20court,of%20arrest%20and%20an%20affidavit.. live.
- Web site: HFW ARREST PACK . Holman Fenwick Willan LLP . 1 April 2018 . 29 May 2020.