What is ship arrest
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SHIP ARREST BY NAVANITHA.A.WARRIER KERALA LAW ACADEMY TRIVANDRUM www.bizandlegis.co m
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Know what is ship arrest and know about ship arrest and its legal side
Transcript of What is ship arrest
SHIP ARREST
BY NAVANITHA.A.WARRIERKERALA LAW ACADEMYTRIVANDRUM
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INTRODUCTION 2 fisherman of the Indian fishing
boat, St Antony as shot dead by the Italian mariners
Italian mariners said that they thought that the fishing boat belongs to pirates and so as to protect the ship they cast fire
Followed by the arrest of the Italian mariners and the arrest of the Italian ship Enrica Lexie
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INDEX What is Ship Arrest? Reasons for Ship Arrest International Convention on Ship
Arrest, 1955 International Convention on
Arrest of Ships, 1999 Indian Laws on Ship Arrest Release of Ship Arrested
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WHAT IS SHIP ARREST?• Legally Preventing a ship from
moving or trading as long as resolution is pending in a court
• It is done by issuing a Warrant of Arrest
• It is done mainly to receive certain maritime claims
E.g.: Italian Ship Enrica Lexie was detained from movingwww.bizandlegis.com
REASONS FOR SHIP ARREST Collisions Salvage Loss of Life Personal Injury Loss of Property Violation of customs, regulations,
road norms, health norms or safety regulations
Execution of a decree
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Signed in Brussels on 10th May 1955 Action can be taken only against the ship
which created controversy and no action can be taken against its sister ship
A foreign vessel, its members have absolute liability, they should obey the laws of the port in which it comes and this liability will stands until the ship leaves the territorial water
India did not sign either International Convention on Certain Rules Conceiving Civil Jurisdiction in Matters of Collision or International Convention on Ship Arrest
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INTERNATIONAL CONVENTION ON SHIP ARREST
THE INTERNATIONAL CONVENTION ON ARREST OF SHIPS 1999 Convention was adopted by United
Nations on International Maritime Organization Diplomatic Conference on Arrest of Ships on 12th March 1999.
For providing a widely acceptable legal instrument promoting international trade and transport, by striking a balance between the interests of the owners of cargo and of ships in securing the free movement of ships and the right of the claimant to obtain security for his claim www.bizandlegis.com
INDIAN LAW ON SHIP ARREST
Aggrieved Individual cannot claim for damages against foreign vessel if it sails away from Indian waters and if owner does not possesses any property in India
Indian Law - An order of attachment Officer possesses only a right to
custody and not a right to ownership If Charge is FalseClaimant is liable to give
compensation to aggrievedFor arrest a separate law suit can be
filed
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In a landmark case, Videsh Sanchar Nigam Limited v. M.V. Kapitan Kud - if a foreign ship leaves Indian waters, it would be difficult to bring it back under the jurisdiction of Indian law. Even, if the claims are proven valid, they would not be executed under private international laws
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RELEASE OF SHIP ARRESTED
If arresting party allows for the release If court orders for the release If the authority finds out dispute over the
value of the claim, the claimant has to provide an undertaking to pay on demand all the expenses related to the arrest of ships
A third party may also claim to have a right against the ship, for which they must enter into a contractual arrangement to prevent any dealing with the ship or its release.
The third party may be asked to pay the damage costs to the owner of the ship for the delay caused in its release.
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