India, a Better Forum for Ship Arrest

India appears to be one of the best forum to arrest a ship considering below factors:
 
  1. Low Legal cost and third party expenses

  2. Prompt response and immediate reliefs

  3. Extent of Admiralty jurisdiction on presence of a ship in Indian waters (12 nautical miles from shore)

  4. Admiralty court also considers ship arrest even when ship is en-route India and there is no strict requirement that the ship should be in Indian waters but the ship should arrive in Indian waters within reasonable time

  5. A ship can be arrested regardless of her flag, owner and registered address

  6. Ship can be arrested regardless of where the claim arose

  7. Admiralty court has admiralty jurisdiction to enforce maritime lien via an action in rem

  8. The basis for Admiralty jurisdiction is by statute and ship arrest conventions (Brussels and Geneva), the principles as adopted and accepted

  9. Bombay, Kolkata, Chennai, Ahmedabad and Andhra Pradesh High Court are the Admiralty Courts with jurisdiction to arrest ship. Bombay High Court has ship arrest jurisdiction countrywide while other courts have statewise jurisdiction

  10. Sister-ship arrests are allowed in India

  11. Ship arrests are allowed by High Courts having admiralty jurisdiction on establishing that there is a prima-facie case

  12. Ship arrests are allowed ex-parte without giving notice to the opponent or the opponent being heard

  13. Ship can be arrested under Admiralty jurisdiction only by filing Admiralty suit

  14. Claims can be in any currency

  15. Admiralty judges are available for arrest or release of ship even after court hours for extreme urgent cases

  16. Appeal can be filed to the Appeal court comprising of Division Bench of the High Court having Admiralty jurisdiction from the trial court (single Judge) and an Special Leave Petition (SLP) can be filed in the Supreme Court of India (Apex Court) from the order order of the Appeal court

  17. Scan copy of the Power of Attorney or Letter of Authority are accepted by High Court having Admiralty jurisdiction for filing of Admiralty suit and obtaining order of arrest of a ship

  18. No cash bond or security is required to be furnished to the court by the Plaintiff for arrest of a ship but an undertaking by way of an Affidavit for wrongful arrest is required to be filed

  19. Ship can be arrested as security in Arbitration

  20. Parties promptly arrive at an out of court settlement

  21. High number of case withdrawals and disposals

  22. User-friendly procedures & environment

  23. Specialised shipping law firms for ship arrest work are available

 
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This Page is contributed and reviewed by our Research Team
 
WLSA,I: 3102-8051
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