Eighth Edition (2014)

Table of Contents

   
PART I - JURISDICTION IN ADMIRALTY  
CHAPTER 1
 

History and Admiralty Jurisdiction of the High Courts

OPEN

Early History of the High Courts; Historical Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of Admiralty

 
CHAPTER 2
 

Specific Jurisdiction and Jurisdiction in Admiralty

OPEN

The three Indian Courts of Admiralty i.e. Bombay, Calcutta and Madras were courts of specific jurisdiction. In the course of time the jurisdiction of the High Courts of Calcutta, Bombay, Madras, Gujarat, Andhra Pradesh and Orissa have entertained Admiralty actions. The statutory admiralty framework of the Admiralty Courts Act, 1861 and its list of claims was revisited by the Supreme Court of India, the principles incorporated in 1952 Brussels Arrest Convention and 1999 Geneva Arrest Convention were applicable for ship arrest in India

 
CHAPTER 3
 

Maritime Claims and Analysis

OPEN

Article 1 of the 1952 Brussels Arrest Convention and 1999 Geneva Arrest Convention describes all the claims in relation to which a ship may be arrested under the convention, the principles of the conventions are applicable in India

 
CHAPTER 4
 

Loss or Damage done by any Ship

OPEN

The claimant must establish that the ship has, done the damage (whether by collision or otherwise) to invoke admiralty jurisdiction over any claim for damage or damage caused by operation of a ship

 
CHAPTER 5
 

Damage received by any Ship or Sea-Going Vessel

OPEN

Damage received by any ship or sea-going vessel whether such ship or vessel may have been within Indian waters or upon high seas at the time when the damage was received

 
CHAPTER 6
 

Loss of Life or Personal Injury

OPEN

Ship is liable to be arrested for the enforcement of maritime claims, or seized in execution or satisfaction of judgments in legal actions arising out of loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship, whether on land or on water, in direct connection with the operation of the ship

 
CHAPTER 7
 

Salvage

OPEN

Salvor has a maritime lien on the salvaged property. A successful salvage claim requires three proofs: marine peril; voluntary service rendered when not required as an existing duty or from a special contract; and success in whole or in part, or contribution to the success of the operation. Salvage operations or any salvage agreement, including, if applicable, special compensation relating to salvage operations in respect of a ship which by itself or its cargo threatened damage to the environment

 
CHAPTER 8
 

Use or Hire of any Ship

OPEN

Agreement relating to the use or hire of any ship whether by charter party or otherwise, unpaid dues for any use or hire of a ship, admiralty action will lie

 
CHAPTER 9
 

Carriage of Goods or Passengers in any Ship

OPEN

Under the arrest conventions and the principles as adopted by the Supreme Court of India, admiralty action can be invoked for any agreement relating to the carriage of goods or passengers on board the ship, whether by charter party or otherwise

 
CHAPTER 10
 

Environment; Cost or Expenses relating to Wrecked, Stranded, Abandoned and Sunken Ship

OPEN

Ship is liable to be arrested for damage or threat of damage caused by the ship to the environment, coastline or related interests; measures taken to prevent, minimize, or remove such damage; compensation for such damage; costs of reasonable measures of reinstatement of the environment actually undertaken or to be undertaken; loss incurred or likely to be incurred by third parties in connection with such damage; and damage, costs, or loss of a similar nature

 
CHAPTER 11
 

Abandoned Ship and Maintenance of its Crew

OPEN

The claimant can approach the court for arrest of a ship for costs or expenses relating to the raising, removal, recovery, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship, and costs or expenses relating to the preservation of an abandoned ship and maintenance of its crew

 
CHAPTER 12
 

Loss of or Damage to Goods and Baggage

OPEN

Loss of or damage to or in connection with goods including luggage carried on board the ship is a ground for arrest of a ship under admiralty jurisdiction

 
CHAPTER 13
 

Claims relating to Cargo and Contract of Affreightment

OPEN

The High Court has Admiralty jurisdiction over any claim arising out of an agreement relating to the use or hire of a ship; or relating to the carriage of goods in a ship; or tort in respect of goods carried in a ship

 
CHAPTER 14
 

Bill of Lading of any Goods for Damage

OPEN

Any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in India in any ship for damage done to the goods or any part thereof by the negligence or misconduct of, or for any breach of duty or breach of contract on the part of, the owner, master or crew of the ship, admiralty action will lie

 
CHAPTER 15
 

Building, Equipping or Repairing of any Ship

OPEN

The claimant can approach the court for arrest of a ship for unpaid dues towards carrying out repair work on ship, ship building or equipping

 
CHAPTER 16
 

Necessaries Supplied or Services rendered to any Ship

OPEN

If it is conclusively shown that necessaries supplied or services rendered to any ship are prima facie 'necessaries' and are within the category of necessaries within the scope and ambit of section 5 of Admiralty Courts Act, 1861, admiralty action will lie

 
CHAPTER 17
 

Title, Possession, Ownership, Employment or Earnings of a Ship

OPEN

Article 1 of the Brussel Arrest Convention and also of the Geneva Arrest Convention deals with the above subject maritime claim although the conventions has not been adopted by legislation, the principles incorporated are applicable as per Supreme Court of India judgments to invoke admiralty jurisdiction for ship arrest in India read with Admiralty Court Act, 1861

 
CHAPTER 18
 

Wages

OPEN

A seaman to whom wages are due has a right of action against the owner, the crew may bring an action in the Admiralty court either in personam against the owner, or in rem against the ship but he cannot recover wages beyond the day on which the suit is filed and if he fails to obtain relief by one process, the other remains open to him

 
CHAPTER 19
 

Disbursements

OPEN

Disbursements by the master on account of the ship can be recovered in a suit for wages. The terms disbursements includes all proper expenditure made by the master on the ship and must generally be explained by reference to what are necessaries for ship

 
CHAPTER 20
 

Bottomry & Respondentia

OPEN

Bottomry is a contract in the nature of a mortgage by which money is borrowed to be applied to the necessities of a ship

 
CHAPTER 21
 

Towage

OPEN

The High Court has admiralty jurisdiction to hear and determine any claim in the nature of towage

 
CHAPTER 22
 

Mortgage or Hypotheque

OPEN

By a mortgage the mortgagee acquires a right to the ownership of a vessel in a certain event, namely, on default of payment of principal and interest, since it is a transfer of all the mortgagor's interest by way of security for the payment of a loan

 
CHAPTER 23
 

Forfeitures

OPEN

A ship is liable to be forfeited under section 33, 35, 68 and 69 (Part V) of the Merchant Shipping Act 1958

 
CHAPTER 24
 

General Average

OPEN

The lien on cargo for general average charges can be exercised only by the shipowner in possession of the goods and, where necessary. it is his duty to other cargo owners to protect their interests by retaining possession of any goods in respect of which a contribution in G/A is outstanding

 
CHAPTER 25
 

Pilotage

OPEN

A pilot may proceed either in rem or in personam for the authorised pilotage dues to which he may be entitled

 
CHAPTER 26
 

Construction, Repair or Equipment of any Ship

OPEN

Construction, Repair or Equipment of any Ship are maritime claim

 
CHAPTER 27
 

Dock, Port, Canal, Harbour, Waterway Charges and Dues

OPEN

Unpaid Charges and Dues in relation to Waterway, Dock, Port, Canal and Harbour are maritime claims

 
CHAPTER 28
 

Insurance Premium

OPEN

Insurance Premium are within the category of 'necessaries'

 
CHAPTER 29
 

Commission, Brokerage or Agency Fees

OPEN

Under the Geneva arrest convention and the principles as adopted by the Supreme Court of India, admiralty action can be invoked

 
CHAPTER 30
 

Publicly Owned Ships

OPEN

Action in rem against the Government of India in respect of claims against the Government or arrest, detention or sale of ships or cargo or other property belonging to the Government unless notice under section 80 (1) of the Code of Civil Procedure is complied with

 
CHAPTER 31
 

Pollution

OPEN

Early History of the High Courts; Historical Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of Admiralty

 
CHAPTER 32
 

Solicitors' Lien

OPEN

Early History of the High Courts; Historical Development; Statutory Jurisdiction; Jurisdiction; Colonial Courts of Admiralty

 

 

   
PART II - SHIP ARREST, RELEASE & ADMIRALTY PRACTICE  
CHAPTER 33
 

Ship and Sisterships

OPEN

The word "vessel" was substituted for "ship" The ships are deemed to be sisterships if they are in the same ownership when all the shares are owned by the same person or persons

 
CHAPTER 34
 

Arrest of Ship

OPEN

The main purpose of arrest is to obtain security for satisfaction of judgment in the action in rem and it is necessary to arrest the ship in order to establish jurisdiction. A ship may be arrested to acquire jurisdiction; or  to obtain security for satisfaction of the claim when decreed; or in execution of a decree
 

 
CHAPTER 35
 

International Convention for Arrest of Ships

OPEN

Although the Brussel and Geneva conventions has not been adopted by legislation, the principles incorporated in the conventions are applicable for the enforcement of maritime claims against foreign ships as is held by the Supreme Court of India
 

 
CHAPTER 36
 

Execution of arrest warrant

OPEN

The Sheriff of Mumbai or the Admiral Marshal or his substitute may execute a warrant of arrest on the ship. Freight cannot be arrested separate from the ship or cargo, and so freight which has already been paid to the ship owners by the consignees cannot be arrested. Where, however, a claim is brought against ship and freight, the court may order that the Sheriff of Mumbai or the Admiral Marshal should sell the cargo under arrest and pay the freight from the proceeds of sale. If the warrant of arrest is dispensed with the port, custom and other authorities act upon not allowing the vessel to sail outward from its jurisdiction

 
CHAPTER 37
 

Property under arrest and its effect

OPEN

The effect of arrest is that it constitutes the ship or other property as security in the hands of the court for the claim in the action and this security cannot be defeated by the subsequent insolvency of the owner of the arrested property

 
CHAPTER 38
 

Arrest of a ship does not include cargo

OPEN

If a ship is ordered to be arrested while she is in the course of discharging her cargo, the Sheriff or the Marshal will not stop the discharge operations except when the claim form is in respect of a claim for salvage and the cargo is to be arrested. Normally, when an order of arrest of ship is obtained it is only the ship and its appurtenances are arrested but does not include the cargo unless there is an order from the court for arrest of the cargo also

 
CHAPTER 39
 

Arrest of cargo does not include ship

OPEN

The effect of arrest is that it constitutes the ship or other property as security in the hands of the court for the claim in the action and this security cannot be defeated by the subsequent insolvency of the owner of the arrested property

 
CHAPTER 40
 

Arrested ship affecting port operation

OPEN

Should the arrest of a ship in a port cause considerable and continued disruption to the operation of the port, the port authorities may remove the ship to a safe berth or in such other place as he think appropriate within its jurisdiction and not allowing the ship to sail away and keeping her under arrest
 

 
CHAPTER 41
 

In Rem and Personam Actions

OPEN

An action in rem is directed towards a ship rather than against a person  which is an in personam or personal action
 

 
CHAPTER 42
 

Maritime Claim

OPEN

Article 1 (1) of the Brussels and Geneva International Conventions on Arrest of Ships defines 'Maritime Claim'
 

 
CHAPTER 43
 

Maritime Lien

OPEN

Only a limited class of maritime liens are recognised
 

 
CHAPTER 44
 

Possessory Lien

OPEN

Only a limited class of maritime liens are recognised
 

 
CHAPTER 45
 

Wrongful Arrest

OPEN

The cases involving wrongful arrest are rare and there isnt a single decided case in India and to succeed in a claim for wrongful arrest, the owners must demonstrate that there is either mala fides (bad faith) or crassa negligentia (gross negligence) which implies malice
 

 
CHAPTER 46
 

Admiralty Suit and Pleadings

OPEN
Plaint, Judges Order, Undertaking etc
 
 
CHAPTER 47
 

Application for Arrest

OPEN

The Admiralty Rules of the High Courts having Admiralty Jurisdiction require that a suit shall be instituted by a plaint drawn up, subscribed and verified according to the provisions of the Civil Procedure Code 1908
 

 
CHAPTER 48
 

Order of Arrest and Warrant of Arrest

OPEN

The Admiralty Judge may pass a separate order arresting the ship and also sign the Judges Order for arrest of the ship. Warrant of Arrest are sometimes dispenses with by the Judge
 

 
CHAPTER 49
 

Admiralty Rules

OPEN

The Admiralty Rules of the High Courts provide that the rules and practice of the court in the matter of suits and proceedings on the original side of the court shall, if not inconsistent with the said Rules, apply to suits and proceedings on the Admiralty side of the court
 

 
CHAPTER 50
 

Procedure for Ship Arrest

OPEN
Urgent application for obtaining order of arrest is moved before the Admiralty Judge
 
 
CHAPTER 51
 

Parties and Pleadings

OPEN
In the title of the plaint in a suit in rem, after the name of the ship which is sued, its nationality is usually stated
 
 
CHAPTER 52
 

Presence of a Ship (Res) at the time of filing of Admiralty Suit

OPEN

Court can acquire jurisdiction if the writ or if the warrant of arrest is executed on the ship when it arrives within the territorial jurisdiction of this Court
 

 
CHAPTER 53
 

Indian Flag Ship

OPEN

Ship flying Indian flag can be arrested by invoking admiralty jurisdiction
 

 
CHAPTER 54
 

Mareva Injunction

OPEN

There is no provision in the law of India for Mareva injunction
 

 
CHAPTER 55
 

Attachment before Judgment

OPEN

"Attachment" before judgment of a ship, as of any other property, is available in all the Indian courts of ordinary civil jurisdiction having jurisdiction over the subject-matter of the claim for most kinds of claims, which would include claim for charter hire or stevedoring services or necessaries supplied
 

 
CHAPTER 56
 

Arresting Ship to obtain Security for Arbitral Award or Court Judgment

OPEN

A ship may be arrested for the purpose of obtaining security notwithstanding that, by virtue of a jurisdiction clause or arbitration clause

 
CHAPTER 57
 

Effect of Arbitration Clause on Arrest

OPEN

Arbitration clause in the Charter Party Agreement or Bill of Lading are given effect to
 

 
CHAPTER 58
 

Arbitration

OPEN

Merchant or the claimant has no right to arrest a ship in respect of a dispute arising under a contract, which contains an arbitration clause
 

 
CHAPTER 59
 

Merchant Shipping Act 1958, s.443, 444

OPEN

Section 433 and 434 of the Merchant Shipping Act deals with detention of foreign ship that has occasioned damage and the power to enforce detention of ship
 

 
CHAPTER 60
 

Release of a Ship

OPEN

In cases where the arrested ship is released on security being furnished for the plaintiff's claim, the suit, unless compromised, will proceed to trial and judgment in the normal course. Following its arrest, the ship is usually released from arrest after security has been provided by the ship owner or any interested parties for the claim. The security may be in the form of a bail bond, a payment of money into court, a bank guarantee or a letter of undertaking (LOU) from the ship owner's protection and indemnity club (P.& I. Club)
 

 
CHAPTER 61
 

Security for Release of a Ship

OPEN

Security for the claim in the suit is furnished by means of a cash deposit in the registry or a bank guarantee for the amount stated in the warrant of arrest
 

 
CHAPTER 62
 

Applicable Law

OPEN

The applicable laws for ship arrest are the Admiralty Court Act, 1861, Admiralty Court Act, 1890 and Admiralty Court Act 1891
 

 
CHAPTER 63
 

Lay Time

OPEN

The time during which a ship is lying, for the purpose of loading or discharging is Laytime, as distinct from moving with the object of carrying her cargo from one place to another
 

 
CHAPTER 64
 

Claims Payable in Foreign Currency

OPEN

A sum of money expressed in a foreign currency can legitimately be claimed by the plaintiff and decreed by the court
 

 
CHAPTER 65
 

Interest

OPEN

The question of interest on a claim in an Admiralty suit is dealt with in accordance with the provisions of Section 34 of the Code of Civil Procedure, 1908
 

 
CHAPTER 66
 

Priorities

OPEN

The Indian courts will decide questions of priority on the same principles as the Admiralty Court in England and a contractual claimant
 

 
CHAPTER 67
 

Limitation Periods, Time Bar

OPEN

The (Indian) Limitation Act 1963 applies to all claims within the Admiralty jurisdiction of the High Courts. The Act provides a three-year limitation period for actions for damage, wages, necessaries, salvage, and towage. In case of claims for loss or damage to cargo brought under bills of lading incorporating the Hague Rules, the one year period under rule 6 of Article III, providing for an extinguishments of the cause of action, itself may apply
 

 
CHAPTER 68
 

Security for Costs and Damages

OPEN

Security for costs and damages is not a condition for the arrest, but while applying for the arrest an undertaking is required to be given in writing to pay such sum by way of damages as the court may award compensation in the event of a party affected sustains prejudice by the arrest
 

 
CHAPTER 69
 

Counter Security

OPEN

The High court having admiralty jurisdiction has discretionary power to pass order for counter security if required
 

 
CHAPTER 70
 

Costs

OPEN

The court has the discretionary power to accept or reject the costs
 

 
CHAPTER 71
 

Writ of Summons

OPEN

A writ of summons on the vessel may not be required if warrant of arrest is properly served on the vessel
 

 
CHAPTER 72
 

Service, Effecting the Arrest

OPEN

If the court has passed an order of arrest of the ship dispensing the Warrant of Arrest, in such event the Sheriff/marshal will issue a letter and the same along with copy of the order is served on the ship and other concerned authorities
 

 
CHAPTER 73
 

Carrier's Identity

OPEN

Identification of the carrier may be problematic where goods are carried on a chartered vessel and the bill of lading is in the hands of a shipper or receiver who is not himself party to the charterparty
 

 
CHAPTER 74
 

Crew on Board after Arrest of Ship

OPEN

The Sheriff or the Marshal owes no duty to the crew on board as such. The relationship of the Sheriff or the Marshal to the crew will depend upon the circumstances as they affect the discharge of the Sheriff or the Marshal’s duty to retain custody of, and to preserve the ship
 

 
CHAPTER 75
 

Necessaries, a Maritime Claim

OPEN

"Necessaries" is defined under section 5 of the Admiralty Courts Act, 1861
 

 
CHAPTER 76
 

Claims relating to Cargo

OPEN

Admiralty jurisdiction can be invoked over any claim relating to Cargo
 

 
CHAPTER 77
 

Claims for Unpaid Bunker Dues

OPEN

Unpaid dues of Bunker Suppliers are secured by a maritime claim and or a right to arrest the ship in rem to which the bunkers were supplied or her sister ship
 

 
CHAPTER 78
 

Collision Actions

OPEN

The maritime claims in respect of which the power of arrest is recognised in law includes claims relating to damage caused by any ship either in collision or otherwise
 

 
CHAPTER 79
 

Foreign State Owned and Publicly Owned Vessel

OPEN

If the ship belongs to Government of Foreign State, in that event consent of the Central Government in India would be required to proceed against the vessel and its owners
 

 
CHAPTER 80
 

Restrictions to invoke Admiralty Jurisdiction

OPEN

There are restrictions to invoke Admiralty Jurisdiction on issues such as arbitration, publicly owned ship, ship owned by government of foreign state, collision
 

 
CHAPTER 81
 

Appeals

OPEN

Any party aggrieved by the order passed by the single judge of the trial court have an option to file an appeal before the division bench in the same High Court and any order passed by the appeal court of the High Court the aggrieved party may file an Special Leave Petition in the Supreme Court of India

 
CHAPTER 82
 

Execution of Foreign Decree

OPEN

A Person who has obtained a decree from a court in a foreign country can approach an Indian court for enforcement of the said decree under the Civil Procedure Code, 1908
 

 
CHAPTER 83
 

Beaching of a Ship for Demolition

OPEN

Once a ship’s Bill of Entry is filed for demolition the ship is no longer considered as a ship and therefore Admiralty action cannot be initiated
 

 
CHAPTER 84
 

Indian Territorial Waters for Ship Arrest

OPEN

The limit of the territorial waters is the line every point of which is at a distance of twelve nautical miles from the nearest point of the appropriate baseline
 

 
CHAPTER 85
 

One Ship Company

OPEN

It has long been the practice in the shipping business to arrange for several ships which are financed by a common source and managed or operated as a fleet, to be registered in the names of separate companies whose only asset is the particular ship registered in its name
 

 
CHAPTER 86
 

Pan India Ship Arrest

OPEN

An order of arrest of a ship can be obtained from the Bombay High Court and executed on a ship anywhere in Indian waters
 

 
CHAPTER 87
 

Piercing the Corporate Veil

OPEN

Corporate veil can be lifted to establish beneficial ownership for the purpose of arresting a sister vessel-ship but should be supported with evidence

 
CHAPTER 88
 

Enforced Sale of the Ship

OPEN

In any action a court has power to order the sale of property which is perishable, likely to deteriorate or in relation to which there is good reason for sale
 

 
CHAPTER 89
 

Appraisement and Judicial Sale

OPEN

Appraisement is the official valuation of the ship by a court appointed valuer in order to prevent the ship from being sold at too low a price
 

 
CHAPTER 90
 

Condition of Sale

OPEN

The sale is free and clear of all maritime or other liens and encumbrances
 

 
CHAPTER 91
 

Sheriffs Poundage

OPEN

Poundage is payable at 1 per cent of the amount received by the plaintiff in full or part satisfaction of a judgment or, in the event of the claim being satisfied, compromised or settled outside court, upon the amount of such satisfaction, compromise or settlement
 

 
CHAPTER 92
 

Detaining vessel under Merchant Shipping Act

OPEN

Ship can be detained under section 443, 444 of the Merchant Shipping Act
 

 
CHAPTER 93
 

Indian Ships, Registration

OPEN

A ship entitled to fly the flag of a country needs to be registered in that country. The object of registration is to ensure that persons who are entitled to the privilege and protection of the Indian flag get them
 

 
CHAPTER 94
 

Frequently Asked Questions on Ship Arrest

OPEN

Frequently asked question on Ship Arrest in India and Admiralty Laws of India

 
   
PART III - RULES, CONVENTIONS, ACTS, ORDERS, LANDMARK CASES, GLOSSARY AND MISCELLANEOUS  
APPENDIX 1
 

Bombay High Court Rules

OPEN

Rules for regulating the procedure and practice in cases brought before the Bombay High Court under Admiralty jurisdiction

 
APPENDIX 2
 

Madras High Court Rules

OPEN

Rules for regulating the procedure and practice in cases brought before the High Court of Judicature at Madras exercising Admiralty jurisdiction

 
APPENDIX 3
 

Admiralty Court Act, 1861

OPEN

The jurisdiction conferred by this Act on the High Court of Admiralty may be exercised either by proceedings in rem or by proceedings in personam

 
APPENDIX 4
 

Admiralty Court Act, 1890

OPEN

An Act to amend the law respecting the exercise of Admiralty Jurisdiction

 
APPENDIX 5
 

Admiralty Court Act, 1891

OPEN

An Act to declare certain Courts in [India] to be Colonial Courts of Admiralty

 
APPENDIX 6
 

The Major Port Trust Act, 1963

OPEN

An Act to make provision for the constitution of port authorities for certain major ports in India and to vest the administration, control and management of such ports in such authorities and for matters connected therewith

 
APPENDIX 7
 

The Indian Ports Act, 1908

OPEN

An Act to consolidate the enactments relating to Ports and Port-charges

 
APPENDIX 8
 

The Indian Bills of Lading Act, 1856

OPEN

An Act to amend the Law relating to Bills of Lading

 
APPENDIX 9
 

The York-Antwerp Rules, 2004

OPEN

The York-Antwerp Rules, 2004 recognises two main type of allowances, 'common safety allowances' and 'common benefit allowances'

 
APPENDIX 10
 

The Multi Modal Transportation of Goods Act, 1993

OPEN

An Act to provide for the regulation of the multimodal transportation of goods, from any place in India to a place outside India, on the basis of a multimodal transport contract and for matters connected therewith or incidental thereto

 
APPENDIX 11
 

The Indian Carriage of Goods by Sea Act, 1925

OPEN

An Act to amend the law with respect to the carriage of goods by sea

 
APPENDIX 12
 

The Merchant Shipping Act, 1958

OPEN

An Act to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board and a Shipping Development Fund, to provide for the registration of Indian ships and generally to amend and consolidate the law relating to merchant shipping

 
APPENDIX 13
 

Brussels Convention on Arrest of Ships

OPEN

Having recognised the desirability of determining by agreement certain uniform rules of law relating to the arrest of seagoing ships, have decided to conclude Brussels Convention on Arrest of Ship

 
APPENDIX 14
 

Geneva Convention on Arrest of Ships

OPEN

The States Parties to this Convention, Recognizing the desirability of facilitating the harmonious and orderly development of world seaborne trade, Convinced of the necessity for a legal instrument establishing international uniformity in the field of arrest of ships which takes account of recent developments in related fields,

 
APPENDIX 15
 

Shipping Glossary

OPEN

Alphabetically arranged list of often difficult or specialised shipping words with their definition

 
APPENDIX 16
 

Landmark Admiralty Cases

OPEN

Landmark court decision on admiralty laws in India mainly on ship arrest

 

 

   
PART IV - NOTES & SUMMARY  
NOTES & SUMMARY 1
 

Rearrest and Multiple Arrest

OPEN

If a ship has been arrested and released there is no reason why it should not be rearrested. Article 3(3) of the 1952 Convention and Article 5 of the 1999 Convention deals with rearrest and multiple arrest of a ship.
 

 
NOTES & SUMMARY 2
 

Jurisdiction after the ship has sailed

OPEN

If Admiralty action is initiated by filing a suit and an order of arrest is obtained and the ship sails out before the order of arrest is effected, the ship may be arrested if she returns back under the general rule of perpetuatio jurisdictionis. If the order or arrest is obtained from Bombay High Court and should the ship sail out and is available in another jurisdiction within India territorial waters, the ship can be arrested.

 
NOTES & SUMMARY 3
 

Jurisdiction before the arrival of the ship

OPEN

The arrest conventions are silent whether at the time when the Admiralty suit is filed in the court and an order of arrest of the ship is passed the ship must already be within Indian territorial waters or jurisdiction of that state

 
NOTES & SUMMARY 4
 

Trading of a ship under arrest

OPEN

The decision whether the further trading of the ship should be permitted or not is left to the discretion of the court, while some admiralty judge are of the view that trading of an arrested ship tantamount to diluting the order of arrest and the purpose of arrest is defeated

 
NOTES & SUMMARY 5
 

Recognition and Enforcement of Judgments

OPEN

A ship can be arrested under Article 7 of the 1999 Geneva Convention for recognition and enforcement of judgments

 
NOTES & SUMMARY 6
 

Same Cause of Action and between the same parties

OPEN

If proceedings involving the same parties and same cause action are already initiated elsewhere when proceedings are commenced before it unless the jurisdiction of the other court is not established, the Admiralty court will dismiss the suit

 
NOTES & SUMMARY 7
 

Forum Non-Conveniens

OPEN

Forum non-conveniens is a common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties. As a matter of civil procedure, courts must decide whether and in what circumstances they will accept jurisdiction over parties and subject matter when a lawsuit begins

 
NOTES & SUMMARY 8
 

Foreign government ship

OPEN

The property of a foreign government not in use or intended for use for commercial purpose cannot be arrested in an action in rem. The government may consent to the use of such process. If the ship belongs to Government of Foreign State, in that event consent of the Central Government in India would be required to proceed against the vessel and its owners.

 
NOTES & SUMMARY 9
 

Ship for demolition

OPEN

On filing of the Bill of Entry the ship is no longer within the definition of a ship, the nature and category of the res is entirely altered, the court is without jurisdiction as there is no res, the ship has literally ceased to exist from the definition of a ship. A action in rem cannot be maintained in such situation

 
NOTES & SUMMARY 10
 

Indian courts having admiralty jurisdiction

OPEN

The three Indian Courts of Admiralty i.e. Bombay, Calcutta and Madras were courts of specific jurisdiction. In the course of time the jurisdiction of the High Courts of Calcutta, Bombay, Madras, Gujarat, Andhra Pradesh and Orissa have entertained Admiralty actions

 
NOTES & SUMMARY 11
 

Recognition and Enforcement of Arbitral Awards

OPEN

A ship can be arrested under Article 7 of the 1999 Geneva Convention for recognition and enforcement of arbitral awards

 
NOTES & SUMMARY 12
 

Beneficial Owner

OPEN

Beneficial owner means, one recognized in equity as the owner of something because use and title belong to that person, even though legal title may belong to someone else; esp., one for whom property is held in trust.- also termed equitable owner

 
NOTES & SUMMARY 13
 

Stopping the judicial sale of a ship

OPEN

Prior to the sale of a ship having been concluded by the Sheriff of Mumbai or the Marshal if the claimants claim is satisfied, the sale will not proceed if a written notice is given to this effect

 
NOTES & SUMMARY 14
 

Sale proceeds of the property or ship, sold by court

OPEN

On order for valuation and sale of the property or ship is passed by the court, the terms and conditions for sale of the ship is thereafter finalised by the Sheriff or the Marshal in consultation with the parties. The ship is sold as per terms and conditions. On ship being sold to the highest bidder, the Sheriff or the Marshal shall receive the full sale price from the buyer as per schedule and terms setout by the Sheriff or the Marshal. This sale proceeds is invested by the Sheriff or the Marshal in a nominated bank account and is later transferred to the designated bank account of the High Court in the said Admiralty suit whereby the ship is sold

 
NOTES & SUMMARY 15
 

Tramp ship

OPEN

Tramp ship is a ship engaged in the tramp trade is one which does not have a fixed schedule or published ports of call. As opposed to freight liners, tramp ships trade on the spot market with no fixed schedule or itinerary/ports-of-call

 
NOTES & SUMMARY 16
 

Seafarer's rights on unpaid wages

OPEN

Crew employed on the ship are mainly based on their appointment letter or the contract and their rights depends on the terms and conditions stipulated therein. Seafarer's has a right to invoke admiralty action and arrest a ship for unpaid wages, moreso, the crew claims have priority over other claims.

 

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