Arresting vessels in the Netherlands

ROTTERDAM is one of the largest ports in the world, but the Netherlands also has other ports such as Amsterdam, Flushing (which vessels heading to Antwerp must pass) and Delfzijl. The Dutch system of arrest is famous for its efficiency and speed. This is why so many Dutch lawyers are often faced with urgent requests, even late on a Friday afternoon, to arrest a vessel in order to obtain security for claims.

It is not a very complicated undertaking to arrest a vessel in the Netherlands. There are reliable ship information services in Rotterdam and Amsterdam which will report 24 hours a day on requests to signal the arrival of specified vessels. Both foreign and native claimants can request an arrest, even if their claim is not related to the Netherlands.

If a lawyer has the necessary information, authorisation to arrest can be obtained within a few hours. Permission to arrest a vessel can only be obtained from the president of the relevant district court, even after office hours or over the weekend. The vessel must, of course, be situated within the jurisdiction of one of the Dutch courts, which jurisdiction is not limited to the berth and/or anchorage in a port but also covers the area within territorial waters. The court will accept competence even if the claim is subject to a foreign jurisdiction or an arbitration clause, and even if proceedings have already been initiated, be it in the Netherlands or elsewhere.

This demonstrates a rather favourable position in the Netherlands for a claimant seeking security in relation to its claim. It should be noted, however, that, if the principal action fails, the arrest will be considered unlawful and a claimant may find itself faced with a counterclaim for damages.

Generally speaking, the arrest of a vessel located in the Netherlands can be obtained quite easily, and the time required to effect an arrest is very short.