Unofficial Translation ARREST of SHIPS ACT, B.E. 2534 (1991) BHUMIBOL ADULYADEJ, REX. Given on the 28 Day of October B.E. 2534;

Unofficial Translation*

ARREST OF SHIPS ACT, B.E. 2534 (1991)

BHUMIBOL ADULYADEJ, REX. Given on the 28th Day of October B.E. 2534; Being the 46th Year of the Present Reign.

His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to have a law on the arrest of ships; Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly, as follows:

Section 1. This Act is called the “Arrest of Ships Act, B.E. 2534 (1991)”.

Section 2. This Act shall come into force after the expiration of ninety days from the date of its publication in the Government Gazette.1

Section 3. In this Act: “ship” means a seagoing ship used in the international carriage of goods or passengers by sea; “maritime claim” means a claim arising out of: (a) damage to life, body, or property of any person caused by a ship or the operation of a ship; (b) salvage;

* Translated by Ms. Sudkhanueng Somboonwong under contract for the Office of the Council of State of Thailand's Law for ASEAN project. – Initial Version – pending review and approval by the Office of the Council of State. 1 Published in the Government Gazette Vol. 108, Part 196, page 12, dated 11th November B.E. 2534 (1991).

(c) agreement relating to the use, hire, hire-purchase or loan of a ship, transport service, or any other like agreement; (d) agreement relating to carriage of goods by sea to which a bill of lading is issued; (e) general average of damage in case that the owner of the ship, the carrier, and the owner of the goods carried therein, have the duty to compensate the owner of the property lost or damaged by a wilful act duly done under necessity for security of the ship, together with the security of the goods carried therein, or to reimburse the expenses incurred under necessity in a special circumstance for common benefits of every party or for security of the ship, together with security of the goods carried therein, provided that there is a legal provision or an agreement between the parties prescribing liability on the matter; (f) loss of or damage to the property carried in a ship; (g) towage by any means; (h) pilotage; (i) procurement of goods or materials for the operation or maintenance of a ship; (j) construction of, repair of or provision of equipment to a ship, or a fee for dock use; (k) service provision by a port, or a due or service fee for the use of a port; (l) wages for loading or unloading goods to or from a ship; (m) wages of ship masters or ship officers; (n) disbursements in connection with a ship paid by the ship master, charterers, agents or shippers on behalf of the owner or possessor of the ship; (o) dispute relating to the ownership of a ship; (p) dispute between the co-owners of a ship relating to possession or use of, or earnings arising in connection with the ship; (q) mortgage of a ship; “claimant” means a person asserting a maritime claim; “competent official” means a person appointed by the Minister of Transport to carry on an execution under this Act; “Court” means the Civil Court, the Thonburi Civil Court and the Provincial Court; “Minister” means the Minister who has charge and control of the execution of this Act.

Section 4. Subject to section 5 and section 6, before submitting a claim to the Court, whether the debtor has domicile in the kingdom or not, the claimant who has domicile in the kingdom may request the Court to order arrest of a ship owned or possessed by the debtor with the view to sufficiently securing the performance of the obligations subject to the maritime claim in respect of the ship by way of a request filed with the Court having jurisdiction within which the ship is subject to an arrest order requested by the claimant or the ship is approaching.

Section 5. The claimant may request the Court to order an arrest of the ship that the debtor possesses but does not own if the basis of the claimant’s maritime claim arises out of the ship or a business in connection with the ship, and the debtor possesses the ship both at the time of the maritime claim and the time when the request to arrest the ship has been filed with the Court.

Section 6. In case that a maritime claim is the dispute relating to the ownership of the ship, the dispute between co-owners as to the possession, use or earnings arising in connection with the ship or the dispute as to the mortgage of the ship, the claimant may not request the Court to order an arrest of any other ship owned or possessed by the debtor than that in connection with the dispute.

Section 7. A request for ship arrest shall be made unilaterally. A request for ship arrest shall expressly indicate the description of the maritime claim, the underlying obligation in respect of which the maritime claim is to be exercised, and shall at least contain the details regarding the name of the claimant, the name of the debtor, the name of the ship, the registration number of the ship, the size of the ship, nationality and port of registry of the ship, the name of the master or officer, if known, and the location or place where the ship is docked.

Section 8. Upon receiving a request for ship arrest, the Court shall immediately hold an ex parte inquiry. If it is satisfied by the evidence presented by the claimant that the maritime claim alleged is based on a valid ground, and in case that the ship subject to an arrest request is not within the kingdom at the time when the request is filed, the claimant has shown to the

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE. 4 satisfaction of the Court that such ship will enter the kingdom and become subject to the jurisdiction of the Court, the Court shall order the arrest of the ship. In ordering a ship arrest under paragraph two, in case that the debtor is not domiciled in the kingdom, the Court may order the claimant to place security with the Court as it sees appropriate before the execution of the order of ship arrest in order to secure against damage caused by the arrest for which the claimant may be liable to the debtor. However, in case that the debtor is domiciled in the kingdom, the Court shall order the claimant to place security with the Court before the execution of the order of ship arrest in any case, unless the claimant has shown to the satisfaction of the Court that any other property of the debtor within the kingdom is insufficient for the debtor’s performance of obligations. An order of ship arrest under paragraph two shall fix security that the debtor or person under section 22 shall place with the Court in order to request for a release of the ship. An order of ship arrest under this section shall be final.

Section 9. In an execution of an order of ship arrest, the Court shall immediately issue a warrant of ship arrest and deliver it to the executing officer. Such executing officer shall be able to execute the warrant of ship arrest throughout the kingdom. The warrant of ship arrest under paragraph one shall be made in compliance with the form prescribed by the Minister of Justice.

Section 10. Before an executing officer executes an arrest of the ship, the claimant shall pay a ship arresting fee at the rate of one percent of the total amount claimed, but not exceeding one hundred thousand baht. In case that the claimant brings a maritime claim to the Court, the ship arresting fee under paragraph one shall be deducted from the court fee payable by the claimant, and the ship arresting fee shall be deemed part of the Court costs under the Code of Civil Procedure in respect of the claim.

Section 11. Upon receiving a warrant of ship arrest from the Court, the executing officer shall notify the authority in charge of port clearance by telephone, telegraph, telex or by any other means that the Court has ordered an arrest of the ship without delay. Such notification shall be in accordance with the rules prescribed by the Minister.

Upon receiving the notification from the executing officer in accordance with paragraph one, the authority in charge of port clearance shall withhold the port clearance of such ship so that the executing officer can perform the duties under section 12 until being notified otherwise.

Section 12. Upon receiving a warrant of ship arrest from the Court, the executing officer shall have the following duties: (1) serving the warrant of ship arrest on the master or officer and have him or her sign the acknowledgment as evidence; (2) affixing the warrant of ship arrest onto the conspicuous place in the ship; (3) taking any other necessary action in order to achieve the execution of the warrant; and, (4) notifying the Consulate of the kingdom of the nationality of the ship in writing regarding the arrest. In serving the warrant of ship arrest under (1), if the master or officer refuses to sign the acknowledgment of the warrant from the executing officer, the executing officer may request a company of a competent official or police to bear witness, and, if the ship master or officer still refuses to sign the acknowledgment of the warrant, the executing officer shall leave the warrant at that place, and it shall be deemed that such person has been served the warrant of ship arrest. In case that the warrant cannot be served under the provisions in (1) or paragraph two, the executing officer shall affix it onto the conspicuous place in the ship, and it shall be deemed that such person has been served the warrant of ship arrest. The executing officer shall make a report on the performance of the duties under this section and submit it to the Court as part of the case file.

Section 13. In an execution of a warrant of ship arrest, the executing officer shall have the power under the Code of Civil Procedure regarding the execution of judgments or orders, mutatis mutandis, and shall have the power to order the ship master, officer, seaman and any other person who is involved, act or abstain from acting in any way to achieve the execution of the warrant of ship arrest. If such person violates or fails to comply with the order, the executing officer shall seek assistance from a competent official or police in order to proceed in accordance with the order. And for this purpose, the competent official or police shall have the power to

Section 14. The claimant shall have the duty to provide assistance to the executing officer and make all disbursements necessary for the executing officer’s performance of duties under section 11, section 12, section 13 and section 26. If the claimant refuses to provide assistance or make disbursements under paragraph one, and if such refusal to provide assistance or make disbursements renders the executing officer unable to continue the performance of duties, the executing officer shall suspend the performance of duties and shall immediately report the matter to the Court issuing the order of ship arrest. Upon receiving the report from the executing officer under paragraph two, the Court shall issue the order as follows: (1) in case that the warrant of ship arrest has not been posted in accordance with section 12(2), the execution of the order of ship arrest shall be stayed until the claimant provides assistance and makes disbursements within a period prescribed by the Court not exceeding three business days. After the period has expired, if the claimant still refuses to provide assistance and make disbursements, the executing officer shall notify the authority concerning port clearance to cancel the withholding of the port clearance of that ship under paragraph two of section 11, and the provisions of section 26 shall apply, mutatis mutandis. (2) in case that the warrant of ship arrest has been posted in accordance with section 12(2), the claimant shall provide assistance and make disbursements by expressing the intention to do so to the executing officer within the time-limit fixed a period prescribed by the Court not exceeding three business days. If the claimant fails to comply with the order, the Court shall order a release of the ship or the return of security placed under sections 21 or section 22, as the case may be. The order of the Court under this section shall be final.

Section 15. Liability to the ship owner, master, officer, seaman or a third person for damage, if any, arising from ship arrest shall not be borne by the executing officer or the competent official, but by the claimant, unless the executing officer or the competent official has violated a provision of this Act or any other law.

Section 16. A warrant of ship arrest shall be effective throughout the kingdom until the prescription period of the underlying maritime claim has expired.

Section 17. Upon the execution in accordance with section 12(1) and (2): (1) the arrest of the ship under the order of ship arrest shall be effective until the Court orders otherwise; and, (2) the creation, transfer or change in connection with the ownership or possessory right of the ship during the period that the arrest is effective shall not be opposable to the claimant or executing officer.

Section 18. The ship arrested under this Act shall be deemed to be the property seized by a competent official under the Code of Civil Procedure.

Section 19. If the debtor places security with the Court in a full amount prescribed in the order of ship arrest under paragraph four of section 8 and accepts his or her liability, the arrest of ship subject to the order of ship arrest shall terminate, and the Court shall order a release of the arrested ship without delay. In such a case, it shall be deemed that there is a final judgment by the Court in favour of the claimant in respect of the maritime claim specified in the request for ship arrest.

Section 20. In case that the debtor is domiciled in the kingdom, and if he or she places security with the Court in the full amount as indicated in the order of ship arrest under paragraph four of section 8 without accepting his or her liability, the arrest of ship subject to the order of ship arrest shall terminate, and the Court shall order a release of the arrested ship without delay.

Section 21. The debtor who is not domiciled in the kingdom may request the Court that has ordered the ship arrest to release the ship by submitting a request to the Court and placing security required by the Court to secure the performance of the obligations. The debtor may, in writing or by telegraph or telex, authorises a person domiciled in the kingdom as his or her agent to submit a request for ship release on his or her behalf. The debtor shall appoint a person domiciled in the kingdom as his or her agent to receive the pleadings or documents in the course of court proceedings. Such appointment may be made in writing or by telegraph or telex. In case that the agent under paragraph two is the person who submits a request to the Court, if the debtor has not appointed an agent in accordance with paragraph three, the person who submits the request shall be deemed an agent under paragraph three. The agent under paragraph two and paragraph three shall state on the oath before the Court that he has truthfully obtained authorisation from the debtor. Paragraph two and paragraph three of section 47 of the Code of Civil Procedure shall not apply to such appointment of agent.

Section 22. Any other person who has suffered or will suffer the damage arising from ship arrest may submit a request to the Court for ship release by placing security in the name of the debtor. All acts of the person submitting the request necessary carried on for the Court to release the ship shall be deemed to be done in the capacity of the agent of the debtor. The person under paragraph one may, in writing or by telegraph or telex, authorises a person domiciled in the kingdom as his or her agent to submit a request for ship release on his or her behalf. In case that the person under paragraph one is the person who submits a request whereby the debtor has not appointed the agent under paragraph three of section 21, the person who has submitted the request shall be deemed to be the agent to receive the pleadings or documents in the course of court proceedings. And if the person submitting the request is not domiciled in the kingdom, he or she shall appoint a person domiciled in the kingdom to receive the pleading or documents on behalf of the debtor. Such appointment may be made in writing or by telegraph or telex. The agent under paragraph two and paragraph three shall state on the oath before the Court that they have truthfully obtained authorisation from the person under paragraph one.

Paragraphs two and paragraph three of section 47 of the Code of Civil Procedure shall not apply to such appointment of agent.

Section 23. In submitting a request for ship release, in addition to the placement of security under paragraph one of section 21 or paragraph one of section 22: (1) in case that the debtor who is not domiciled in the kingdom has submitted a request by himself or herself, he or she shall attach the evidence of appointment of agent under paragraph three of section 21 with the request; (2) in case that the agent of the debtor under paragraph two of section 21 is the person who submits a request, he or she shall attach the evidence of appointment of agent under paragraph two of section 21 with the request; (3) in case that the person under paragraph one of section 22 is the person who submits the request, if that person is not domiciled in the kingdom and has not attached the evidence of appointment of agent by the debtor under paragraph three of section 21, he or she shall attach the evidence of appointment of agent under paragraph three of section 22 with the request. If the person submitting the request does not comply with paragraph one, the Court may dismiss the request.

Section 24. A request for ship release shall be made unilaterally.

Section 25. In addition to the cases under section 19 and section 20, the Court has the power to order ship release in the following cases: (1) the claimant submits a request for ship release; (2) the claimant fails to bring a maritime claim to the Court within thirty days from the date that an executing officer posts the warrant of ship arrest under section 12(2); (3) there is a request for ship release under section 21 or section 22 and the Court has considered to its satisfaction that the security placed with it by the person who submits the request is of value or worth no less than the amount indicated in the order of ship arrest, or in case that the person who submits the request wishes to place security of smaller value than the amount indicated in the order of ship arrest by stating the reasons in the request, when the Court has sent a copy of the request to the claimant for a possible objection to be made within a period set out by the Court, but the claimant does not make any objection within the period, or

Section 26. When the Court has ordered ship release under section 25, it shall notify the executing officer of such order, and the executing officer shall have the following duties: (1) notify the claimant or debtor in writing, as the case may be: (2) notify the Consulate of the kingdom of the nationality of the ship; and, (3) notify without delay, by telephone, telegraph, telex, or by any other means, the authority concerning port clearance that the Court has ordered ship release, provided that such notification complies with the rules prescribed by the Minister. Upon receiving the notification from the executing officer in accordance with paragraph three, the authority concerning port clearance shall proceed with the ship release immediately.

Section 27. The Court shall order the return of the security placed with the Court by the claimant, the debtor or the persons under section 22 when: (1) the claimant fails to bring the maritime claim to the Court within thirty days from the date that the executing officer posts the warrant of ship arrest in accordance with section 12(2) and the debtor has submitted the request to the Court for the return of his or her security after the expiration of the thirty-day period; (2) the debtor fails to claim for damages as a consequence of the claimant’s request for ship arrest within sixty days from the date that the executing officer posts the warrant of ship arrest in accordance with section 12(2) and the claimant has submitted the request to the Court for the return of his or her security after the expiration of the sixty-day period; (3) the claimant or debtor has submitted the request to the Court for a return of his or her security at any time and the other party does not object to it; (4) in case that the security is placed in accordance with section 22: (a) the claimant fails to bring a maritime claim to the Court within thirty days from the date that the executing officer posts the warrant of ship arrest in accordance with section

12(2) and the person under section 22 has submitted the request to the Court for the return of his or her security after the expiration of the thirty-day period; (b) the claimant or person under section 22 has submitted a request to the Court for a return of his or her security at any time and the claimant or person under section 22, as the case may be, does not object to it.

Section 28. Upon posting of the warrant of ship arrest by the executing officer in accordance with section 12(2), the claimant may bring a maritime claim to the following Courts: (1) the Court that orders the ship arrest; (2) the Court having jurisdiction over the case under the Code of Civil Procedure, which is not the Court under (1), and he Court may accept the claim only in the case that the claimant has filed a request showing to the satisfaction of the Court that it is convenient to carry on legal proceeding before that Court.

Section 29. When the debtor who is not domiciled in the kingdom is subject to a claim and has not appointed a lawyer, and if service of the pleadings on or delivery of other documents to the defendant cannot be done within the kingdom, the Court officer shall: (1) if there is an agent under paragraph three of section 21, serve them on such agent; (2) if the case falls within paragraph three of section 22, serve them on the person who has submitted the request or the person appointed by the person submitted the request has appointed to receive pleadings or documents, as the case may be; (3) if there is no agent under (1) and the case does not fall within (2), serve them on the ship master or officer at the ship or the address of such person in the kingdom. In case that the service of the pleadings or documents on the person under (1) and (2) cannot be done under the Code of Civil Procedure, the Court may order those pleadings or documents be posted onto a conspicuous place at the place of domicile or the place of business of such person. Or in case that the service of the pleadings or documents on the person under (3) cannot be done, the Court may order those pleadings or documents be posted onto a conspicuous place in the ship. In such a case, section 79 of the Code of Civil Procedure shall not apply.

Upon the execution of paragraph one or paragraph two, the defendant is deemed to have been served the pleadings or documents after the expiration of fifteen days as from the date of serving or posting of the pleadings or documents.

Section 30. In case that a maritime claim arising out of damage to life, body or property of any person, is caused by the ship or the operation of the ship, the public prosecutor may bring a maritime claim on behalf of the claimant as he or she sees appropriate. In such a case, the public prosecutor shall have the power to submit a request for ship arrest on behalf of the claimant and shall be exempt from the ship arresting fees under this Act.

Section 31. The Minister of Transport and the Minister of Justice shall have charge and control of the execution of this Act, and shall have the power to appoint competent officials and issue the rules for the execution of this Act.

Countersigned by Anand Panyarachun Prime Minister