The uncertain
shipping market makes the issue of arrest a topical one. The key questions
being; where are the most advantageous arrest jurisdictions? And what makes
them so favourable? The UK P&I Club has issued a new legal briefing to
provide a quick overview of ship arrest in some popular jurisdictions and sets
out why they are potentially advantageous.
South Africa
The Club says that is area is arguably one of the most
well-known arrest jurisdictions is South Africa; it has numerous procedures
which make it favourable for arrest. There are effectively three ways to
arrest or attach a ship in South Africa; i) an arrest in rem, ii) an arrest in
personam,and iii) a security arrest. An interesting feature of this
jurisdiction is that of associated ship arrests. This allows for the arresting
party to take a step further than under the traditional sister or surrogate ship
arrest procedure.
Australia
Australia is not a signatory to any arrest convention.
Ship arrest is governed by the Admiralty Act 1988.To arrest in Australia your
claim would need to be a maritime lien, a proprietary maritime claim or a
general maritime claim. Arrest in Australia is relatively straightforward
and there is the added advantage of a dedicated Maritime court.
USA
The US is not a signatory to any arrest convention. Under
US law the two primary tools for arresting/attaching a vessel are to be found
under Rule C and Rule B of the Federal Rules of Civil Procedure’s Supplemental
Rules for Certain Admiralty and Maritime Claims. Unlike South Africa, the
courts in the USA will always have jurisdiction over the substantive claim
unless a forum selection clause requires that the claim be bought in a
different jurisdiction. There is no associated or sister ship arrest available.
Hong Kong
Hong Kong is signatory to the 1952 Brussels Arrest
Convention and ship arrest in Hong Kong is based on the principles of English
law. It is both quick and cheap to arrange, and does not require the
provision of counter-security. Ship arrest is available to claimants
predominantly for possession or ownership disputes, mortgages, damage to the
ship, salvage etc. and also for maritime liens available under Hong Kong law
including damage done by ship, salvage, wages and masters’ disbursements.
Further details may be found by reading Club’s Legal
Briefing at,
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