Ship Arrest
Ship Arrest is the detention of a vessel by order of a court to provide security for a maritime claim against the ship or its owner — preventing the ship from leaving port until the claim is settled or security (such as a P&I club letter or bank guarantee) is provided. It is one of the most powerful remedies in maritime law, because a ship is a mobile, high-value asset that could otherwise sail beyond a creditor's reach.
Arrest is available for a range of maritime claims — unpaid bunkers, crew wages, repairs, port dues, cargo damage, collision, salvage and mortgage among them — many of which attract a maritime lien that follows the ship. It is typically effected in rem (against the ship itself), and the procedures and grounds are harmonised by international arrest conventions in many jurisdictions. For claimants, arrest is a vital tool to obtain security and force resolution; for owners, the threat of arrest (and its cost in delay) is a serious risk to manage. Ship arrest is a cornerstone of maritime dispute enforcement, closely tied to maritime liens.
A ship can sail away from a debt overnight — arrest is the remedy that stops it, letting a creditor detain the vessel to secure a maritime claim. It is the most potent enforcement tool at sea, forcing settlement or security, and the mere threat of it disciplines the whole web of bunker, crew, repair and cargo obligations that ships run up. It is central to maritime dispute resolution.
Why arrest a ship?
To obtain security for a maritime claim by detaining the vessel until the claim is settled or security is provided, since a ship could otherwise sail out of reach.
What claims can lead to arrest?
Unpaid bunkers, crew wages, repairs, port dues, cargo damage, collision, salvage and mortgages, among other maritime claims.