In 1999, the final text of the International Convention on Arrest of Ships was concluded, and the Convention (generally known as the "Arrest Convention 1999") came into force on 14 September 2011.
The intent of the
International Maritime Organization is that the 1999 Convention will come to replace the
1952 Convention, and as of 2019 the 1999 Convention has 17 state parties. Countries ratifying 1999 Convention to date include: Albania, Algeria, Benin, Bulgaria, Congo, Denmark, Ecuador, Estonia, Finland, Latvia, Liberia, Norway, Pakistan, Peru, Spain, Syria and Turkey.
The new 1999 Convention follows the pattern of the 1952 Convention, but has a slightly less "Anglo-Saxon" bias. Although a signatory in 1999 to the final text, as of May 2015, the UK has yet to ratify the convention. The convention broadly follows the scheme of the UK system currently enacted in the
Senior Courts Act 1981
The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom.
The Act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously known as ...
(formerly the "Supreme Court Act 1981"), with some important additions. The Senior Courts Act 1981 is broadly in line with the 1952 Brussels Convention.
While acknowledging the concept of
maritime lien
The maritime lien is one of three ''in rem'' claims capable of being brought under UK Admiralty Law. Whilst being a common law instrument, it has been codified under s.21(3) of the Senior Courts Act 1981 along with s.21(2) and s.21(4), its statu ...
, the 1999 Convention specifically creates no new maritime liens.
Article 1 adds new categories of "Maritime Claim". These include "damage or threat of damage caused by the ship to the environment, coastline or related interests..." (Article 1(d)); and unpaid
insurance premiums and unpaid
P&I Club calls.
UK arrest procedure
Despite being a party to devising the text of the 1999 Convention, the UK has (as of April 2016) yet to ratify it, so the 1952 Convention still applies in Great Britain.
In the UK, a ship arrest is effected by an ''
ex parte
In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring all ...
'' approach to the
Admiralty Court in the Rolls Building in Fetter Lane, London. After an outline inquiry into the merits of the maritime claim, the Court would grant an Arrest Warrant to be executed by the
Admiralty Marshal. Once appropriate security for the alleged debt, such as a Banker's Order or a
P&I Club Letter of Guarantee, was lodged, the Court could order its Marshal to release the ship. The claim would then be examined some time later at a "hearing on the Merits", either in court or before an
arbitrator.
One should distinguish between "arrest" and "detention"; the latter involves the detaining of a ship by a port using pre-existing powers of Port State Control or, in the case of a marina, simple contractual rights of
lien
A lien ( or ) is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the ''lienee'' and the per ...
.
External links
* Hill Dickinson Article
References
Arrest Convention 1999
Treaties concluded in 1999
Admiralty law treaties
Treaties of Albania
Treaties of Algeria
Treaties of Benin
Treaties of Bulgaria
Treaties of Ecuador
Treaties of Estonia
Treaties of Latvia
Treaties of Liberia
Treaties of Spain
Treaties of Syria
Treaties entered into force in 2011
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