Maritime Claims Giving Rise to the Right to Arrest Ships

Article 11 of the 2008 Ordinance on Procedures for Arrest of Sea-Going Ships

The 2008 Ordinance on Procedures for Arrest of Sea-Going Ships provides that maritime claims giving rise to the right to request the arrest of sea-going ships include claims related to the following matters:

1. Wages, repatriation costs, social insurance premium costs, and other amounts owed to the crew, officers, and other seafarers of the ship.
2. Compensation for life, injury, and other human health damages directly related to the operations of the ship.
3. Tonnage fees, maritime security fees, pilot fees, wharfage fees, and other port fees and charges.
4. Remuneration for the salvage of the ship.
5. Loss and damage to property outside of contract directly related to the operations of the ship.
6. Damage or threat of damage caused by the ship to the environment, coast, or related interests; measures taken to prevent, limit, or eliminate this damage; compensation for such damage; costs for reasonable measures actually taken or to be taken to restore the environment; losses incurred or likely to be incurred by third parties related to that damage; similar damage, costs, or losses as specified.
7. Costs related to raising, moving, salvaging, destroying, or rendering harmless a sunken, stranded, or abandoned ship, including any articles on board and costs or expenses related to preserving the abandoned ship and costs for the crew of the ship.
8. Agreements related to the use or hiring of the ship, whether specified in a charter party or otherwise.
9. Agreements related to the carriage of goods or passengers on the ship, whether specified in a charter party or otherwise.
10. Loss or damage related to goods, including baggage transported on the ship.
11. General average.
12. Tug operations of the ship.
13. Use of maritime pilotage services.
14. Goods, materials, provisions, fuel, equipment (including containers) supplied or services provided for the operation, management, preservation, and maintenance of the ship.
15. Construction, conversion, reparation, repairs, or equipping of the ship.
16. Payments made on behalf of the ship owner.
17. Insurance premiums payable by the ship owner or on behalf of the ship owner or bareboat charterer.
18. Commissions, brokerage fees, or agency fees related to the ship payable by the ship owner, bareboat charterer, or authorized person.
19. Disputes over ship ownership.
20. Disputes between co-owners of the ship regarding the use of the ship or income derived from the ship.
21. Ship mortgages.
22. Disputes arising from ship sale contracts.

For more related content, please refer to the 2008 Ordinance on Procedures for Arrest of Sea-Going Ships issued on August 27, 2008, and effective from July 1, 2009.

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