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 terminal opens at Ust Luga, where a new container terminal is also planned. There has also been a lot of activity at St Petersburg, with the expansion of its terminals boosting cargo volumes even further. In fact, Maritime Russia is being eyed enviously by those Baltic states who fear that its new and improved facilities will attract traffic away from their own ports.

Some courts and judges have little or no knowledge of the procedures relating to maritime law, so will try and find any way to reject a maritime claim rather than deal with it.

But not all things maritime in Russia are a cause for celebration. Russia's maritime law in relation to ship arrest, for example, remains vague and unpredictable. Despite Russia's ratification of the 1952 Arrest Convention in January 1999, and incorporation of the convention into the Russian Merchant Shipping Code the following May, arresting ships in Russia can be a lengthy and difficult process if not handled properly.

Arresting a ship in Russia is anything but quick. It normally takes at least a week, and there are plenty of delays along the way. Some courts and judges have little or no knowledge of the procedures relating to maritime law, so will try and find any way to reject a maritime claim rather than deal with it. There are also no clear provisions regarding paperwork, and a lot of time can also be lost getting all the necessary documents translated.

Counter-security is another unknown quantity in Russia. The law remains unclear as to what action should be taken if there is no counter-security provided. With the ultimate decision resting with the courts, the outcome can be difficult to predict.

But all is not lost. Russia is a vast country spanning eleven time zones and two continents. The handling of the claim can be significantly influenced by where it is brought to court. St Petersburg, for example, is the most difficult jurisdiction, with no precedent having been set as to how maritime claims should be handled. Vladivostock, on the Sea of Japan, is also a difficult jurisdiction, but is making moves towards the principles of the arrest convention, which should make life easier. Novorossiysk, on the Black Sea, is the best choice for ship arrest, offering a good, quick jurisdiction, although, even here, there is a lack of clarity over which court has jurisdiction.

Although the laws and principles regarding ship arrest are in place, the lack of internal procedure remains a problem. But a working group addressing the problems facing maritime lawyers in Russia is currently preparing amendments to the rules and procedures. Hopes are high that a draft will be ready in the immediate future.

You would be forgiven for asking why you would want to arrest a ship in Russia. With many fishing vessels operating in Russian waters, ship arrest is a necessity and, with Russia's ports enjoying good levels of investment, commercial traffic in Russian waters - and consequently ship arrest - can only be expected to increase in the years to come.