Ship Arrests and Guarantees
The maritime sector revolves around speed, punctuality, valuable assets (such as vessels, cargo, and bunkers), and often international interests. When a dispute arises, it is crucial for a creditor to secure their claim. Recovery opportunities can easily be concealed from view. A vessel can leave port within hours for a foreign destination — in such cases, a ship arrest can provide a solution. By arresting a debtor’s vessel, the creditor prevents them from freely disposing of it. In short: the vessel is immobilized. This exerts pressure to settle the debt or provide security. Read more here about ship arrests and guarantees.
Ship Arrest in Practice
In the maritime industry, arresting a ship is a powerful tool to obtain security. The Netherlands plays a key role in this process, as Rotterdam and Amsterdam are major international ports where ships regularly dock. Once an arrest has been imposed, the vessel is not allowed to leave the port. The port authorities monitor compliance closely.
From Ship Arrest to Guarantee
A ship arrest is often just the first step. In many cases, negotiations follow to provide substitute security. This may take the form of a guarantee issued by a bank or insurer (often a P&I Club). Once the debtor has provided such a guarantee, the creditor will instruct the bailiff to lift the arrest. The vessel then becomes available to the debtor again. This way, the creditor retains security in case their claim is ultimately upheld in court.
The balance is restored: the debtor can continue operations, while the creditor holds the necessary assurance.
The Legal Strategy Behind Arrests
Although it may sound straightforward, obtaining an arrest involves complex strategic and procedural considerations. Speed is essential, the claim must be substantiated, and international aspects must be taken into account.
Specific rules apply to the arrest of sea-going vessels flying the flag of a state that is party to the Brussels Convention of 10 May 1952. In disputes between international parties, an arrest may only be made for a “maritime claim” — a claim that directly relates to the operation of a ship.
An arrest on bunkers (fuel) located on board is not considered a ship arrest. Such arrests must comply with the requirements for a conservatory attachment aimed at recovery of a monetary claim against the debtor’s movable, non-registered property.
Thus, the process is not only about the legal act itself but also about strategic timing and leverage: when is a ship arrest possible and effective? What should be included in negotiations over a guarantee?
How Yur Lawyers Provide Practical Advice
Yur’s maritime lawyers assist clients throughout the entire process — for both creditors and debtors: from ship arrest and summary proceedings for release, to negotiations with banks and P&I Clubs. We understand the urgency when a ship is about to depart or when millions are at stake. With extensive experience in court proceedings and arbitration, both nationally and internationally, we safeguard your interests with speed and precision.
The Rotterdam Mindset
Whether you need to arrest a ship to secure a claim or are faced with an arrest and need a swift resolution: we are ready to assist.
