Regulations on Arrest of Seagoing Ships to Ensure Settlement of Maritime Claims

According to the provisions of Article 13 of the Ordinance on Procedures for Arrest of Ships 2008, when there is a request for the arrest of ships to ensure the resolution of maritime claims stipulated in Article 12 of the Ordinance on Procedures for Arrest of Ships 2008, the Court shall decide to arrest ships in the following cases:

- The ship owner is responsible for the maritime claim at the time the maritime claim arises and is still the ship owner at the time of the ship's arrest;- The bareboat charterer is responsible for the maritime claim at the time the maritime claim arises and is still the bareboat charterer or the ship owner at the time of the ship's arrest;- The maritime claim is based on the mortgage of the ship;- The maritime claim is related to the ownership or possession of the ship;- The maritime claim is secured by a maritime lien associated with the ship.

The arrest of ships will also be conducted on one or more other ships owned by the person responsible for the maritime claim at the time the maritime claim arises if such person is:

- The owner of the ship related to the maritime claim;- The bareboat charterer, time charterer, or voyage charterer of the ship related to the maritime claim.

This regulation does not apply to maritime claims related to the ownership of ships.

Also, according to the provisions of the Ordinance, the time limit for the arrest of ships to ensure the resolution of maritime claims is a maximum of 30 days from the date the ship is arrested.

During the period the ship is arrested to ensure the resolution of maritime claims, if the requester for the ship's arrest files a lawsuit at the Court or requests arbitration to resolve the dispute and continues to request the ship's arrest, the time limit for the ship's arrest to ensure the resolution of the maritime claim shall terminate when the Court issues a decision on whether or not to apply interim emergency measures to arrest the ship.

See more related content at: Ordinance on Procedures for Arrest of Ships 2008 issued on August 27, 2008, and effective from July 1, 2009.

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