Arrest Of Ships In Maritime Law: A Study Of International Norms And Indian Practice
- IJLLR Journal
- 1 day ago
- 1 min read
Adv Adithya S, LLM in Maritime Law, Bharata Mata School of Legal Studies, Ernakulam, Kerala
Adv Gouri Dileep, LLM in Maritime Law, Bharata Mata School of Legal Studies, Ernakulam, Kerala
Adv T N Arjun, LLM in Maritime Law, Bharata Mata School of Legal Studies, Ernakulam, Kerala
ABSTRACT
The arrest of a ship constitutes one of the most distinctive and effective remedies under admiralty law, enabling a maritime claimant to secure enforcement of a claim by detaining the vessel itself. Owing to the transnational nature of maritime commerce and the mobility of ships, traditional methods of civil enforcement against shipowners often prove inadequate. Against this backdrop, ship arrest has evolved as a specialised mechanism rooted in actions in rem, whereby the vessel is treated as a juridical entity answerable for maritime liabilities. This paper critically examines the legal foundations and objectives of ship arrest from both international and Indian perspectives. It analyses the conceptual basis of admiralty jurisdiction, the doctrinal distinction between actions in rem and actions in personam, and the role of ship arrest in securing maritime claims. Further, it evaluates the regulatory framework governing ship arrest under international conventions, particularly the 1952 and 1999 Arrest Conventions, and assesses the statutory regime in India under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, highlighting its significance in aligning Indian admiralty law with contemporary international standards.
