Ship Arrest
Arrest of ship refers to detaining a ship, which prevents removal of the ship, transfer of ownership, mortgage and bareboat charter.
1. Conditions of Arresting a Ship
Except for the enforcement of a judgment, an arbitration award or other legal documents, the application of arrest of a vessel could only be filed on basis of the 22 types of maritime claims specified in the Article 21 of the SMPL,which is basically in line with the 22 categories of maritime claims defined inArticle 1.1 of the 1999 ArrestConvention.
2. What Kinds of Ship are Permitted to be Arrested?
i) The applicant may apply for arrest of two kinds of ship: the ship concerned or sister ship(s). The vessels in military use or public service shall not be arrested.
ii)The vessel concerned could be applied for arrest if one of the following circumstances occurs;
a. The owner of the vessel is held liable for the maritime claim and is the owner of the vessel when it is arrested;
b. The bareboat charterer is held liable for the vessel and is the bareboat charterer or owner of the vessel when it is arrested;
c. Maritime claims with the right of mortgage or rights of similar nature concerning the vessel;
d. Maritime claims relating to the ownership or possession of the vessel;
e. Maritime claims with liens concerning the vessel.
iii) An arrestable sister vessel is deemed to be the other vessels of the owner, bareboat charterer, time charterer or voyage charterer who are held liable for maritime claims at the time of arrest,whilst the claims relating to the ownership or possession of the vessels could only apply for arrest of vessel concerned.
3. How to FileanArrest Application
i) The application for the arrest of a vessel shall be filed towards the maritime court of the place where the vessel is situated.
ii) Documents required and requirements to be followed
a. Application for arresting a ship
b. ID of the applicant and POA of agent (if any)
c. Information regarding the ship concerned
d. Evidential materials
e. Security
f. Pay the application fee.
iii) In case that the applicant who wishes to apply for arrest of the ship concerned but cannot promptly ascertain the name of the person against whom the claim is made，he may still apply for the arrest.
4. Time Limit forArrest of Ship
The time limit for pre-suit ship arrest is 30 days.Where a maritime claimant brings an action or applies for arbitration within the 30 days, or where a maritime claimant applies for arrest of a ship in the process of legal action or arbitration,arrest of the ship is not subject to the 30 days time limit.