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Arrest Regime in India The 3 rd Asian Maritime Law Conference 6-7 May 2010

Arrest Regime in India The 3 rd Asian Maritime Law Conference 6-7 May 2010. Landmark Admiralty Judgments . In today’s topic I will first deal with landmark judgments of the Indian Courts Arrest of a vessel for enforcement of claim, judgments or arbitration awards

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Arrest Regime in India The 3 rd Asian Maritime Law Conference 6-7 May 2010

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  1. Arrest Regime in India The 3rd Asian Maritime Law Conference 6-7 May 2010

  2. Landmark Admiralty Judgments • In today’s topic I will first deal with landmark judgments of the Indian Courts • Arrest of a vessel for enforcement of claim, judgments or arbitration awards • Steps available for release of the vessel by the owners

  3. M.V. Elisabeth – The Bible of Indian Maritime Law • This is the benchmark judgment which is widely followed in most of the arrest cases • A vessel can be arrested in following circumstances • To acquire jurisdiction; • To obtain security for satisfaction of the claim when decreed; and • In execution of a decree

  4. M.V. Golden Progress • An action in rem (admiralty) for recovery of claim and as interim measures, vessel can be arrested where the parties have agreed to submit the dispute to arbitration

  5. M.V. Kapitan Kud • If the Claim is not vexatious but triable vessel cannot be released • Arrestor may have an arguable, even though difficult case, the action would be allowed to proceed to Trial

  6. M.V. A.L. Quamar • A vessel can be arrested in execution, for satisfaction of the foreign judgment obtained in countries having reciprocal jurisdiction viz. United Kingdom, Singapore and Hong Kong. • - Any property of judgment debtor found within the jurisdiction can be attached in execution application

  7. How do I defend arrest proceedings, in India, as vessel owner • Not a party to the contract • Call upon the Arrestor to furnish counter security and not a mere undertaking for damages • Challenge the arrest on merits

  8. If owner unable to put security and if there is a judicial sale Following claims ranks in priority:- • Port dues • Crew claim • Salvage • Bank’s mortgage

  9. If you are an arrestor and security is not being provided by owner in reasonable time • Apply to the Court for repatriation of the crew • Discharge the cargo on board of the Vessel • Apply for appraisement and sale of the vessel • Proceed to trial

  10. Conclusion India is recommended jurisdiction for arrest in an action in rem or for enforcement of judgment

  11. Mr. Prashant Asher Partner M/s. Crawford Bayley & Co. Tel: +91 22 22613850 (D) +91 22 22668000 Ext. 112 Mob: +91 9820068003 Email: prashant.asher@crawfordbayley.com Thank you for your attention

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