{"id":9969,"date":"2021-11-09T18:20:21","date_gmt":"2021-11-09T18:20:21","guid":{"rendered":"https:\/\/aiyon.es\/?p=9969"},"modified":"2024-05-26T17:31:14","modified_gmt":"2024-05-26T17:31:14","slug":"ship-arrest","status":"publish","type":"post","link":"https:\/\/aiyon.es\/en\/ship-arrest\/","title":{"rendered":"Ship arrest"},"content":{"rendered":"

By\u00a0Irantzu Sedano<\/a><\/strong> and\u00a0Zuberoa Elorriaga<\/a><\/strong><\/p>\n

The usual short stay of ships in the ports where they load and unload goods, as well as the international nature of the maritime sector, means that, on many occasions, it is very difficult to recover a debt from shipowners and charterers. It is in this context that the concept of ship arrest emerges.<\/p>\n

Ship arrest is a legal tool that enables the creditor of a claim, which must be defined as a \u201cmaritime claim\u201d to secure the detention of the ship concerned in order to guarantee its payment. This precautionary, preventive, and urgent legal action can also be regarded as a burdensome measure due to the economic damage it can cause to the operator of the vessel, as it can lead to delays in the vessel\u2019s navigation plans, unforeseen costs due to its stay at berth in port, etc. It can also be a costly measure for the person requesting the arrest if it is wrongly or improperly proposed.<\/p>\n

Reasons for the arrest
\n<\/u><\/em>The arrest of ships pursues different objectives, which vary depending on the asserted maritime claim. That is to say, when the maritime claim consists of a monetary claim, the arrest will operate so that the shipowner\/charterer (debtor) provides sufficient security to lift the ship arrest, with the attaching creditor obtaining security. When the maritime claim consists of a claim to the ownership of the vessel, the arrest will ensure the application of an eventual sentence to hand over the vessel.<\/p>\n

The detention of the vessel may be replaced by the provision of a guarantee or substitute security by the shipowner\/charterer before the court applying the measure, since the ultimate objective of the arrest is to guarantee the effectiveness of a later judgement on the merits of the claim \/ \u201cmaritime claim\u201d, ensuring thus the possibility of its enforcement for the creditor\/attaching creditor\u2019s.<\/p>\n

In the event that the arrest is requested unjustifiably or improperly, the shipowner\/charterer of the vessel is entitled to claim for any damages resulting from the arrest.<\/p>\n

Requirements for the ship arrest
\n<\/u><\/em>The international legal regime in force in Spain is the International Convention on Arrest of Ships (Geneva 1999), which entered into force on 14 September 2011. At the national level, we must resort to the Maritime Navigation Act 14\/2014, of 24 July.<\/p>\n

The requirements are as follows:<\/p>\n