The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 came into force on April 1, 2018, repealing the outdated Admiralty Courts Act of 1861. Under this act, jurisdiction regarding maritime claims is vested in the respective High Courts and extends to the territorial waters of their jurisdictions. The act also allows for the central government to extend jurisdiction.

The High Courts of Bombay, Calcutta, Madras, Gujarat, Hyderabad Telangana, Karnataka, Kerala, and Odisha have jurisdiction over Admiralty actions.

We believe that all High Courts with admiralty jurisdiction should have Pan-India jurisdiction instead of being restricted to state territorial waters. This would protect the interests of claimants and make India more user-friendly for ship arrest.

When a ship arrives at a port for a short period to load or discharge cargo before sailing to its onward destination, it becomes nearly impossible for claimants to file actions due to various reasons. The current act works against claimants because the party initiating the suit invokes the jurisdiction of the High Court within whose territorial waters the vessel is located, leaving the claimant vulnerable when the vessel sails out. If the vessel moves to another port in India, it falls under the territorial jurisdiction of another High Court, requiring fresh proceedings to obtain an arrest or release order, along with the deposition of court fees again, without refunds from the previous court.

Moreover, obtaining an order to withdraw the suit to initiate fresh action in another state, finding legal representation, and preparing for filing the admiralty suit all take time, by which the vessel may have already moved out of that state, frustrating the claimant's efforts.

A claimant wanting to arrest a vessel for a legitimate claim in one High Court's jurisdiction wouldn't be able to do so in another High Court's jurisdiction unless they withdraw their application in the previous jurisdiction. This allows vessel owners to evade claimants and liability, making it impossible for claimants to pursue the vessel.

Previously, India was considered one of the best jurisdictions for ship arrest, attracting claimants globally to initiate legal action in the country.

The admiralty jurisdiction of a High Court depends on the presence of a foreign ship in Indian waters and its subsequent arrest. This jurisdiction can be assumed by the concerned High Court regardless of whether the defendant resides or carries on business within its jurisdiction.

The Act should ideally grant Pan-India jurisdiction to each High Court with admiralty jurisdiction instead of restricting it to their territorial waters.

This act seems to favor ship owners and P&I Clubs, protecting vessel interests and making it nearly impossible for vessels to be arrested in Indian waters. It should have also considered the interests of claimants and petitioners.

According to Section 9, subsections (1) & (2), the limitation period has been reduced from 3 years to 1 year for maritime liens, and to 2 years for claims under clause (a) of subsection (1). This works against claimants and crew members, limiting their chances of obtaining justice or reimbursement for losses.

Despite these drawbacks, the Act represents a significant advancement in India's maritime regime and jurisprudence.

While this book primarily focuses on Ship Arrest in India and Admiralty Laws, it covers the entire spectrum of admiralty edicts, including substantive admiralty law prevalent in India, along with several new chapters on procedures, summaries, and notes.

Previously accessible for private use only, Ship Arrest in India is now available for free to all, sharing the content database of Admiralty Practice in India. The online edition includes a research engine for searching reported or unreported Indian Admiralty court orders, judgments, and articles.

This book sheds light on Indian Admiralty law and procedures, thus bringing maritime and admiralty practice to the forefront of the legal fraternity.

It serves as a comprehensive guide to admiralty law and procedure in India, aiming to better inform shipping and industry professionals to make prompt and informed decisions.

The book seeks to clarify legal requirements, permissions, and prohibitions, rather than comment on their effectiveness. It hopes to contribute to the realistic assessment and debate of these issues.

While the book does not exhaustively cover any topic or predict case outcomes, nor can it replace competent legal counsel, it aims to be accurate at the time of publication, acknowledging that its accuracy may diminish over time.

This book is the first of its kind on admiralty laws published in India and is crucial for advancing general understanding about the regulation of admiralty laws in the country.

Dr. Shrikant Pareshnath Hathi 
and 
Mrs. Binita Shrikant Hathi
Mumbai, India, June 01, 2024

ACKNOWLEDGEMENTS

Aaron Smith - Marine Surveyor

Aaleah Wright - Legal Counsel

Abhay Grover - Shipping Manager

Abhay Ray - Maritime Lawyer

Ahmed Ali - Marine Surveyor

Ahmad Ali - Legal Advisor

Alberto Batini - Legal Counsel

Aleksandra Ivanova - Maritime Lawyer

Alejandro Lopez - Shipping Analyst

Alexei Smirnov - Maritime Consultant

Alicia Martinez - Legal Advisor

Andrea Wang - Legal Counsel

Andre Costa - Oil & Gas Manager

Andre Santos - Shipping Expert

Andreas Karlsson - Maritime Analyst

Andreas Neumann - Legal Consultant

Anik Mukherjee - Maritime Lawyer

Anja Novakovic - Oil Field Technician

Anthony Bauer - Shipping Consultant

Arnaud Lefevre - Legal Advisor

Arnav Ahuja - Legal Consultant

Arturo Lopez - Shipping Manager

Aline Dupont - Legal Advisor

Aaron Smith - Marine Surveyor

Abby Johnson - Legal Advisor

Adam Lee - Oil Rig Manager

Aiden Turner - Gas Operations Specialist

Alan Davis - Shipping Coordinator

Albert Brown - Maritime Attorney

Alec Green - Offshore Engineer

Alice Brown - Shipping Consultant

Allison Scott - Energy Analyst

Amanda Harris - Maritime Claims Specialist

Andrew White - Legal Counsel

Angela Adams - Gas Pipeline Engineer

Anita Roberts - Maritime Safety Officer

Annabelle King - Shipping Logistics Manager

Arthur Young - Marine Operations Manager

Ashley Turner - Environmental Compliance Specialist

Audrey Nelson - Legal Assistant

Barry Clark - Oilfield Supervisor

Benjamin Morris - Maritime Risk Manager

Bianca Adams - Legal Intern

Blake Evans - Shipping Finance Analyst

Bob Wright - Offshore Safety Coordinator

Bonnie Rogers - Shipping Operations Specialist

Bradley Smith - Marine Surveyor

Brenda Green - Shipping Legal Advisor

Brian Johnson - Gas Production Engineer

Brittany Parker - Maritime Claims Adjuster

Bruce Wilson - Shipping Compliance Officer

Carla Reed - Offshore Safety Specialist

Carol Harris - Maritime Law Expert

Caroline Cooper - Energy Policy Analyst

Catherine Miller - Maritime Project Manager

Charles Wright - Shipping Legal Consultant

Charlotte Green - Oil and Gas Attorney

Chloe Collins - Maritime Logistics Coordinator

Chris Taylor - Offshore Operations Director

Clara Brooks - Shipping Claims Analyst

Claudia Harris - Energy Consultant

Clayton Wright - Marine Logistics Manager

Courtney Foster - Oil and Gas Accountant

Craig Thompson - Shipping Operations Director

Crystal Robinson - Maritime Safety Manager

Daniel Turner - Legal Advisor

Darren Wright - Gas Engineering Specialist

David Brooks - Shipping Legal Manager

Dawn Adams - Energy Operations Manager

Deborah Morris - Maritime Claims Specialist

Derek Johnson - Offshore Logistics Coordinator

Diana King - Gas Pipeline Safety Manager

Donna Smith - Marine Safety Specialist

Douglas Clark - Shipping Finance Manager

Drew Adams - Maritime Safety Officer

Dylan Wright - Offshore Engineering Specialist

Edward Turner - Legal Counsel

Elaine Brown - Shipping Compliance Specialist

Eli Davis - Gas Operations Manager

Elizabeth Scott - Maritime Risk Analyst

Ella Lewis - Shipping Legal Assistant

Emily Johnson - Marine Claims Adjuster

Eric Green - Offshore Safety Supervisor

Ethan Adams - Shipping Project Coordinator

Eva Martinez - Legal Advisor

Everett White - Gas Production Specialist

Felicia Green - Maritime Safety Consultant

Fiona Parker - Shipping Finance Analyst

Frank Wright - Marine Operations Director

Gabriella Scott - Offshore Compliance Specialist

Gabriel Davis - Maritime Risk Manager

Gail Robinson - Shipping Legal Consultant

George Thompson - Oil Rig Engineer

Georgia Evans - Maritime Claims Specialist

Geraldine Smith - Shipping Logistics Manager

Gina Turner - Energy Risk Analyst

Greg Johnson - Offshore Safety Coordinator

Gregory Adams - Shipping Operations Manager

Gwen Brooks - Marine Safety Coordinator

Hailey Brown - Oilfield Engineer

Hannah Lewis - Maritime Legal Advisor

Harold Wilson - Shipping Risk Manager

Hazel Davis - Offshore Safety Specialist

Henry Miller - Maritime Claims Adjuster

Holly Clark - Gas Operations Manager

Howard White - Shipping Project Manager

Ian Scott - Offshore Logistics Specialist

Isabella Smith - Legal Intern

Jack Davis - Marine Surveyor

Jacob Lewis - Shipping Compliance Officer

James Parker - Oil and Gas Legal Advisor

Janet Harris - Maritime Operations Specialist

Jason White - Gas Engineering Manager

Jean Brown - Offshore Safety Manager

Jeff Wilson - Shipping Finance Manager

Jenna Adams - Maritime Risk Consultant

Jeremy Lewis - Gas Pipeline Engineer

Jessica Harris - Legal Analyst

John Martin - Offshore Operations Specialist

Jordan White - Maritime Claims Manager

Joseph Green - Shipping Legal Consultant

Joshua Davis - Marine Operations Manager

Julia Adams - Shipping Legal Assistant

Justin Smith - Offshore Safety Coordinator

Karen Miller - Energy Consultant

Katherine Clark - Shipping Risk Analyst

Katie Brown - Marine Safety Specialist

Keith Lewis - Maritime Operations Manager

Kelly White - Shipping Logistics Coordinator

Kenneth Adams - Gas Pipeline Safety Specialist

Kevin Wilson - Maritime Legal Advisor

Kimberly Green - Offshore Risk Manager

Kira Davis - Shipping Compliance Analyst

Kyle Lewis - Marine Operations Specialist

Laura Brown - Legal Advisor

Lauren Davis - Shipping Safety Manager

Leah Scott - Maritime Claims Coordinator

Leonard White - Offshore Safety Specialist

Liam Johnson - Gas Engineering Coordinator

Linda Turner - Maritime Risk Consultant

Lisa Harris - Shipping Legal Specialist

Logan Clark - Offshore Operations Manager

Lucas Green - Maritime Claims Manager

Lucy Adams - Shipping Finance Specialist

Lydia White - Marine Safety Coordinator

Malcolm Davis - Offshore Risk Analyst

Maria Parker - Legal Assistant

Mark Smith - Shipping Operations Manager

Martha Lewis - Maritime Legal Advisor

Martin White - Offshore Safety Specialist

Mary Wilson - Shipping Compliance Manager

Matthew Davis - Gas Operations Specialist

Megan Turner - Maritime Risk Analyst

Melissa Green - Offshore Safety Coordinator

Michael Clark - Shipping Legal Manager

Michelle Adams - Marine Operations Specialist

Mike Harris - Offshore Risk Specialist

Molly Brown - Shipping Logistics Specialist

Monica White - Maritime Safety Coordinator

Natalie Green - Gas Engineering Specialist

Nathan Davis - Shipping Compliance Analyst

Nicholas Clark - Marine Surveyor

Nicole White - Offshore Operations Specialist

Noah Adams - Maritime Risk Manager

Olivia Turner - Shipping Legal Advisor

Owen Harris - Gas Operations Coordinator

Pamela Lewis - Maritime Safety Specialist

Patricia Green - Offshore Risk Manager

Paul Clark - Shipping Operations Coordinator

Peter Adams - Marine Legal Advisor

Philip White - Offshore Safety Manager

Rachel Brown - Maritime Claims Specialist

Rebecca Green - Gas Pipeline Specialist

Richard Lewis - Shipping Finance Specialist

Robert Davis - Offshore Risk Analyst

Ruth Harris - Maritime Safety Coordinator

Ryan Smith - Shipping Legal Specialist

Samantha Turner - Marine Operations Manager

Sandra White - Gas Operations Specialist

Sarah Davis - Shipping Risk Manager

Scott Green - Offshore Safety Specialist

Sean Clark - Maritime Legal Consultant

Shannon Brown - Shipping Compliance Analyst

Sheila White - Gas Engineering Coordinator

Sophie Turner - Offshore Risk Manager

Spencer Lewis - Marine Surveyor

Stephanie Harris - Maritime Risk Specialist

Steve White - Shipping Operations Specialist

Susan Clark - Gas Pipeline Engineer

Sydney Brown - Offshore Safety Coordinator

Taylor Davis - Maritime Claims Manager

Thomas Green - Shipping Finance Manager

Timothy Harris - Marine Safety Specialist

Tina White - Offshore Operations Manager

Tom Smith - Gas Engineering Manager

Tracy Lewis - Maritime Legal Specialist

Trevor Adams - Shipping Compliance Manager

Vanessa Clark - Offshore Risk Analyst

Veronica White - Maritime Safety Coordinator

Victor Green - Gas Pipeline Safety Specialist

Victoria Davis - Shipping Risk Manager

William Brown - Offshore Safety Manager

Zachary Clark - Maritime Claims Specialist

Zoe Green - Gas Operations Specialist

A.B.M Shamshud Doulah - Legal Advisor

Aaleah Wright - Legal Counsel

Abhay Grover - Shipping Manager

Abhay Ray - Maritime Lawyer

Ahmed Ali - Marine Surveyor

Ahmad Ali - Legal Advisor

Alberto Batini - Legal Counsel

Aleksandra Ivanova - Maritime Lawyer

Alejandro Lopez - Shipping Analyst

Alexei Smirnov - Maritime Consultant

Alicia Martinez - Legal Advisor

Andrea Wang - Legal Counsel

Andre Costa - Oil & Gas Manager

Andre Santos - Shipping Expert

Andreas Karlsson - Maritime Analyst

Andreas Neumann - Legal Consultant

Anik Mukherjee - Maritime Lawyer

Anja Novakovic - Oil Field Technician

Anthony Bauer - Shipping Consultant

Arnaud Lefevre - Legal Advisor

Arnav Ahuja - Legal Consultant

Arturo Lopez - Shipping Manager

Aline Dupont - Legal Advisor

admiraltypractice.com