Maritime Claims and the Conditions for Ship Arrest
In other maritime law texts, a definition of a maritime claim has been provided without expressly enumerating its specific instances.
Legal Foundations of Ship Arrest in the Iranian Judicial System and International Conventions
The 1999 International Convention on the Arrest of Ships constitutes the first instrument that provides a clear definition of a maritime claim. Under this Convention, a maritime claim is defined as a claim arising out of one or more of the following matters:
- Loss of or damage caused by the operation of a ship.
- Loss of life or personal injury, whether occurring on land or at sea, provided that it is directly connected with the operation of a ship.
- Salvage operations or any salvage agreement, including special compensation relating to salvage operations in respect of a ship that, by itself or its cargo, poses a threat to the environment.
- Damage to or threat of damage to the environment, coastal areas, or related interests arising from the operation of a ship, as well as measures taken to prevent, minimize, or remedy such damage, compensation for such damage, reasonable costs actually incurred or to be incurred in restoring the environment, damage suffered or likely to be suffered by third parties, and damage, costs, or loss of a similar nature to the foregoing.
- Costs or expenses relating to the raising, removal, recovery, destruction, or securing of a ship that is sunk, stranded, or abandoned, including measures concerning objects on board the ship, as well as costs relating to the preservation of an abandoned ship and the protection and maintenance of its crew.
- Any agreement or contract relating to the use or hire of a ship, whether contained in a charterparty or otherwise.
- Any agreement or contract relating to the carriage of goods or passengers by sea, whether contained in a charterparty or otherwise agreed.
- Loss of or damage to goods, including baggage, carried on board a ship.
- General average.
- Towage.
- Pilotage.
- Goods, materials, provisions, fuel, and equipment, including containers, supplied or services rendered to a ship for its operation, management, preservation, or maintenance.
- Construction, reconstruction, repair, conversion, or equipping of a ship, as well as port dues, canal dues, shipyard charges, anchorage fees, and other waterway-related charges and claims.
- Wages and other sums due to the master, officers, and other members of the ship’s crew in respect of their employment on the ship, including repatriation costs and social insurance contributions payable on their behalf.
- Payments made on behalf of the ship or its owners.
- Insurance premiums paid in respect of the ship by or on behalf of the owner, or in the case of a bareboat charter.
- Any commissions, brokerage fees, or agency fees payable in respect of the ship by or on behalf of the shipowner, or in the case of a bareboat charter.
- Any dispute relating to the ownership or possession of a ship.
- Any mortgage or hypothecation of a ship, or any claim of a similar nature.
- Any dispute arising out of a contract for the sale of a ship.
Conditions for the Arrest of a Ship
In addition to defining maritime claims, the 1999 Convention sets out several significant features concerning the arrest of ships against which a maritime claim has been brought. In general, these conditions are as follows:
- The authority competent to order the arrest or release of a ship is solely the court of the State Party in which the arrest is sought and by whose order the arrest is effected.
- A ship may be arrested only in respect of a single maritime claim and not for multiple claims simultaneously.
- Notwithstanding any contractual provisions granting jurisdiction to a specific court or requiring disputes to be referred to arbitration, a ship may be arrested in any State Party for the purpose of obtaining security.
- The procedures governing the arrest or release of a ship are subject to the law of the State whose competent court has ordered the arrest or before which the arrest is sought.
- Arrest of a ship or other ships is permissible only where, at the time of arrest, the ship is owned by the person who is liable for the maritime claim and who, at the time the claim arose, was one of the following:
- The owner of the ship in respect of which the maritime claim arose.
- The charterer of the ship is under a bareboat charter or voyage charter.
- A ship belonging to a person liable for the maritime claim may be arrested only if, under the law of the State where the arrest is sought, the judgment can be enforced against the ship through judicial or compulsory sale.
- This Convention applies to all ships found within the maritime territory of the States Parties, regardless of whether such ships fly the flag of a State Party or not.
- The provisions of the Convention do not apply to warships or ships owned or operated by a State and used solely for governmental, non-commercial purposes.
- The provisions of the Convention do not affect the power of courts of any State to issue orders against all assets of a debtor.
- The provisions of the Convention do not affect conventions relating to the limitation of liability.
- None of the provisions of the Convention creates a maritime lien.
Frequently Asked Questions on Maritime Claims and Ship Arrest
A maritime claim is a claim arising from activities related to the operation of a ship, including damage to the ship, personal injury, environmental damage, charter or carriage contracts, insurance and maritime expenses, and disputes concerning ownership or mortgages of a ship.
Matters such as damage arising from ship operations, bodily injury or financial loss, salvage operations, environmental damage, repair and maintenance costs, charter and sale disputes, insurance payments, and commissions are considered maritime claims.
Jurisdiction to arrest a ship lies exclusively with the court of the State Party in which the request for arrest is made and where the arrest order is issued.
For a ship to be arrested, it must belong to the person liable for the maritime claim, be arrested in respect of only one maritime claim, and the enforcement of a judgment against the ship must be possible under the law of the relevant State. The arrest must also comply with the procedural rules of the issuing State.
No. Warships and ships used by States for sovereign purposes are excluded from the scope of the arrest provisions under this Convention.
No. None of the provisions of this Convention creates a maritime lien, nor do they affect the authority of courts or the rules on limitation of liability. What is a maritime claim?
What matters qualify as maritime claims?
Which authority has jurisdiction to arrest a ship?
What conditions are required for the arrest of a ship?
Are warships or government ships subject to arrest?
Do these rules create a maritime lien?
Can a ship be arrested even if the owner is not physically present in the country?
Yes. In many jurisdictions, a vessel may be arrested while it is within the court’s jurisdiction regardless of whether the owner is personally present. The availability of this remedy depends on the applicable maritime laws and the nature of the claim.
If the ship leaves the port before the arrest order is enforced, can the claimant still pursue the case?
Potentially, yes. While the opportunity to arrest that particular vessel may be lost, other legal remedies or enforcement options may still be available depending on the circumstances and the jurisdiction involved.
Does the court always require the claimant to provide security before a ship is arrested?
Not in every jurisdiction. Some legal systems require security or an undertaking to cover potential losses if the arrest later proves to have been unjustified, while others follow different procedural rules.
Can a ship be released before the dispute itself is resolved?
Yes. In many maritime disputes, the vessel may be released after acceptable security is provided, allowing the underlying claim to continue without keeping the ship under arrest.
If the cargo belongs to someone else, does a ship arrest automatically affect the cargo too?
Not necessarily. In many legal systems, the arrest of a vessel does not automatically extend to cargo owned by third parties. The legal treatment of the cargo depends on the specific circumstances and applicable law.
Can a charterer challenge the arrest even if they are not the ship owner?
In some situations, yes. A charterer or another party with a legal interest in the vessel may have the right to appear before the court and challenge the arrest or request the vessel’s release, depending on the applicable procedural rules.
Is a ship arrest possible only after a lawsuit has already been filed?
Not always. Some jurisdictions permit the arrest of a vessel as a provisional measure before the substantive dispute is fully determined, provided the legal requirements are satisfied. The timing depends on the governing procedural framework.
Can more than one creditor seek to arrest the same ship?
Yes. Multiple maritime claimants may assert competing claims against the same vessel. In those situations, the court typically determines how the claims should proceed and how any available security will be handled.
If the parties agree to arbitration, can the ship still be arrested?
In many cases, yes. A ship arrest may be used to secure a maritime claim even when the underlying dispute will ultimately be decided through arbitration. The availability of that remedy depends on the applicable law and the facts of the case.
Can a wrongful ship arrest expose the claimant to liability?
Yes, depending on the jurisdiction and the circumstances. If a court determines that a vessel was wrongfully arrested, the claimant may be exposed to claims for damages or other legal consequences. Each case should be evaluated based on the applicable maritime law and the evidence available.