Ordinance on Procedures for Arresting Ships: Basis for Releasing Detained Ships

To be specific, according to Article 22 of the Ordinance on Procedures for Arrest of Ships 2008, a ship under arrest to secure the resolution of maritime claims shall be released immediately when one of the following grounds is met:

- After the shipowner, charterer, or ship operator takes substitute security measures or fully pays the debt;- The property obligation of the shipowner, charterer, or ship operator has been guaranteed by another person or assured by a reputable insurance organization. The Ministry of Finance announces the list of reputable insurance organizations;- At the request of the person who requested the arrest of the ship;- The decision to arrest the ship has been revoked;- The arrest period of the ship as decided by the Court has expired.

The substitute security measures shall be agreed upon by the parties. In case there is no agreement between the parties on the level and form of substitute security, the Court shall decide the level and form of substitute security, which shall not exceed the value of the arrested ship or the property obligation as the basis for the arrest of the ship in case the property obligation is less than the value of the ship.

When one of the grounds specified at points a, b, and c of Clause 1, Article 22 of the Ordinance on Procedures for Arrest of Ships 2008 is met, the shipowner, charterer, ship operator, master, the person who requested the arrest of the ship, and other related persons have the right to request the release of the arrested ship. The request for the release of the ship must be in writing.

The written request for the release of the arrested ship includes the following main contents:

- Date, month, year of making the request;- Name of the Court receiving the request;- Name, address of the person requesting the release of the arrested ship;- Name, nationality, IMO number, tonnage, and other characteristics of the arrested ship; the port where the arrested ship is engaged in maritime activities;- Number, date, month, year of the decision to arrest the ship and the Court that issued that decision;- Reason for requesting the release of the arrested ship;- The assurance of the person requesting the release of the arrested ship.

For more details, see: Ordinance on Procedures for Arrest of Ships 2008, effective July 1, 2009.

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