Ship Arrest

Ship arrest and stocking fillers

HOLDING a conference in the run-up to the end-of-year festivities is always a tricky business. But for those people with a few spare days in the diary amongst the pre-holiday cocktail parties, the Obtaining Security for Shipping conference - which, in the days when they called a space a spade, was called the Ship Arrest conference - could be just the thing. What's more, it is...

Defying convention - Establishing international uniformity

THE 1999 International Convention on the Arrest of Ships is a legal instrument establishing international uniformity for the arrest of ships. But, as it still awaits ratification from the requisite ten countries, just how realistic is its ultimate universal implementation? Despite the best efforts of the 1999 convention, and of its 1952 predecessor, there remain significant...

Arresting ships the Greek way

GREECE not only has a large maritime fleet. It is also home to one of the world’s biggest shipping centres - Piraeus. Greece is also an attractive jurisdiction when it comes to ship arrest. The procedures, especially for the purpose of securing a claim, are both simple and efficient. The ratification by Greece in 1996 of the International Convention for the Integration of...

France: a ship arrest haven?

SHIPPING is a can-do industry. Setting up a company, for example, can now be a mere formality, with shipowners able to establish a different company for every single ship in their fleet, with no direct link between the claims against each of them. But knowledge of the law and the regulations governing the arrest of ships in all jurisdictions has also grown substantially. This...

Ship arrest in Iceland

UNDER Icelandic law, the arrest of vessels is regulated by an Act governing the general arrest of property. There are no special rules for the arrest of vessels and Iceland is not a party to any international arrest convention. Maritime liens Only property that belongs to a debtor may be arrested in order to secure payment of a claim. However, if a claim is secured by a...

A test of patience

THERE is no denying that Russia has a turbulent past. Strikes, anti-government demonstrations and soaring crime characterised the closing decades of the last century. But what of Russia as a maritime nation? Russia has a proud maritime heritage. In the past couple of years, major developments have taken place designed to upgrade the nation's ports. This year, a new coal export...

Ship arrest in the Netherlands

THE Netherlands is a convenient jurisdiction for ship arrests. In principle, the arrest of a vessel within Dutch jurisdiction can take place for any claim against the shipowner, regardless of whether the claim has a maritime character or is connected with the ship to be arrested. Arrest of a sistership is therefore possible. But some restrictions are created by the following...

Ship arrest the Baltic way

Estonia TALLINN, Estonia's main seaport, has experienced considerable growth in the transit of cargo since 1990. Estonia has ratified the 1999 ship arrest convention and incorporated its principles into its national legislation. The legislation in question is the Law of Property of Ships and the Code of Civil Proceedings. Today, Estonia's courts and bailiffs have extensive...

Arresting attractions

GIBRALTAR is a good place to arrest a ship. The documents and undertakings required mirror those in England, and no power of attorney is required. Provided full instructions are received with the supporting documents, enabling the lawyer to prepare a general endorsement on the claim form together with an affidavit in support of the arrest setting out the basis of the claim, an...

Passing traffic

Tülin Tomurcuk, of Istanbul-based Yamaner & Yamaner, looks at the ship arrest procedure in Turkey LOCATED where the continents of Asia and Europe meet, Turkey has always been an important maritime jurisdiction. Each year, as many as 50,000 vessels pass through the straits of Bosphorus and Dardanell, a number of them calling at Turkish ports. According to the Turkish Coast...

Hidden jewels

FOR many people, Belgium is an odd place. It's not easy trying to explain that this little country of barely ten million inhabitants is a federation with three official languages (Flemish, French and German), three regions (Flanders, Brussels, Wallonia), six parliaments and related governments (Federal, Flemish, French Region, Brussels Region, French Community and German...

Affiliated arrest the Greek way

THE courts in Greece have tended to take a negative view of the corporate veil issue in cases of ship arrest. Their judgments were originally motivated by moral considerations, and were designed to block attempts by principals to unfairly avoid or evade liability. The current position of the Piraeus courts, with certain minor exceptions, is that piercing of the corporate veil...

Virtual Ship Arrest

GLOBAL law firm, DLA, has launched a handy guide to ship arrest in forty different jurisdictions around the world. Available online at www.dla.com, the service profiles the ship arrest process in each country based on ten questions covering maritime liens, sistership arrest, documentation, security, etc. The guide also provides a summary of Article 1 of the 1952 Arrest...

Spreading the word

LOCATED over 6,500 nautical miles from London, South Africa could be described as something of an outpost. When it comes to maritime law, however, it is firmly on the map as one of the world's best ship arrest jurisdictions. But that's not all it has to offer. It's geographical position means plenty of passing traffic which attracts experts from all areas of the industry. Its...

Med base in arrest push

THE government of Gibraltar has adapted Gibraltar’s laws to maximize recovery for those banks which direct fleets to be arrested and sold in Gibraltar. Whereas, in the past, the government has recovered a fee of one per cent of the sale proceeds, as indeed have the court’s brokers, these fees have now been reduced. A fee of one per cent will now apply for the first £15m paid...