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
editA number of international conventions have been entered into in relation to arrest of ships under maritime law. They include:
References
edit- ^ "Ship Arrest Under Maritime Law: Reasons, Procedure, and Precautions". Marine Insight. 9 October 2019. Archived from the original on 4 January 2019. Retrieved 29 May 2020.
- ^ "The Arrest Conventions: International Enforcement of Maritime Claims". Hart Publishing. 2019.
- ^ Cheng, Eugene (3 April 2020). "Points to Consider if your Ship is Arrested". West of England. Archived from the original on 5 August 2020. Retrieved 5 August 2020.
- ^ "HFW ARREST PACK" (PDF). Holman Fenwick Willan LLP. 1 April 2018. Retrieved 29 May 2020.
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