Arrest Convention 1999

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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.

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The intent of the International Maritime Organization is that the 1999 Convention will come to replace the 1952 Convention, but as of 2014 the 1999 Convention has only 11 state parties. Countries ratifying 1999 Convention to date include: Albania, Algeria, Benin, Bulgaria, Ecuador, Estonia, Latvia, Liberia, Spain, and Syria.

International Maritime Organization Specialised agency of the United Nations

The International Maritime Organization (IMO), known as the Inter-Governmental Maritime Consultative Organization (IMCO) until 1982, is a specialised agency of the United Nations responsible for regulating shipping. The IMO was established following agreement at a UN conference held in Geneva in 1948 and the IMO came into existence ten years later, meeting for the first time in 1959. Headquartered in London, United Kingdom, the IMO currently has 174 member states and three associate members.

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. [1] The convention broadly follows the scheme of the UK system currently enacted in the Senior Courts Act 1981 (formerly the "Supreme Court Act 1981"), with some important additions. The Senior Courts Act 1981 is broadly in line with the 1952 Brussels Convention. [2] While acknowledging the concept of maritime lien, the 1999 Convention specifically creates no new maritime liens.

Senior Courts Act 1981 United Kingdom legislation

The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom.

In admiralty law, a maritime lien is a privileged claim upon sea-connected property, such as a ship, for services rendered to, or the injuries caused by that property. In common law, a lien is the right of the creditor to retain the properties of his debtor until the debt is paid.

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. [2]

Protection and indemnity insurance, more commonly known as P&I insurance, is a form of mutual maritime insurance provided by a P&I club. Whereas a marine insurance company provides "hull and machinery" cover for shipowners, and cargo cover for cargo owners, a P&I club provides cover for open-ended risks that traditional insurers are reluctant to insure. Typical P&I cover includes: a carrier's third-party risks for damage caused to cargo during carriage; war risks; and risks of environmental damage such as oil spills and pollution. In the UK, both traditional underwriters and P&I clubs are subject to the Marine Insurance Act 1906.

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 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.

Ex parte is a Latin legal term meaning literally "from/out of the party/faction of", thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, Canadian, South African, Indian, and U.S. legal doctrines, ex parte means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party.

Admiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries, and offenses.

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 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 person who has the benefit of the lien is referred to as the lienor or lien holder.

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References

  1. ↑ "An arresting development". Maritimeadvocate.com. Retrieved 2015-06-12.
  2. 1 2 "04/11 Arrest Convention". shlegal.com. Archived from the original on 24 September 2015. Retrieved 11 June 2015.
  3. ↑ "Hill Dickinson : Arrest Regimes" (PDF). Hilldickinson.com. Archived from the original (PDF) on 2015-06-13. Retrieved 2015-06-12.


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