Know what is ship arrest and know about ship arrest and its legal side

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BY
NAVANITHA.A.WARRIER
KERALA LAW ACADEMY
TRIVANDRUM

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3. 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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4.  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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5. • 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
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detained from moving

6.  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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8.  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
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Civil Jurisdiction in Matters of Collision or

9.  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
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claimant to obtain security for his claim

10.  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 False
 Claimant is liable to give compensation to
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aggrieved

11.  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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12.  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 www.bizandlegis.comits
with the ship or
release.

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