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Ship-Arrests-In-Practice.Pdf 8th Ed. Welcome to the eight edition of the . This publication provides a legal analysis of the arrest and release of a ship in 71 countries. The aim is to assist the maritime community in the understanding of the procedures and practical issues arising from the arrest and release of a ship around the globe. The fact that maritime rules may be interpreted differently in different countries is significant. This publication guides you through the common issues arising from a ship arrest and offers the necessary information to unravel the different procedures. With the business picking up on the arrest front, this handbook has become a must for the maritime industry; likewise has the www.shiparrested.com network gained a recognised global and professional position. Indeed, this annual publication owes its origin to www.shiparrested.com and to the original idea of Dr. Felipe Arizon to offer transparency on arrest practices around the globe. Thanks are due to the members-contributors as well as to P&I clubs and cargo insurers for their continuous stimuli to keep publishing these yearly updates. The law is stated as at December 1st, 2013. Valentine de Callatay Managing Editor [email protected] N.B.: The information contained in this book is for general purposes only, providing a brief overview of the requirements to arrest or release ships in the said jurisdictions; it do not contain legal or any type of professional advice. For a detailed synopsis, please contact the members’ law firms. 1 Click on the following to learn how to arrest / release in... Finland Norway Estonia Sweden Latvia Scotland Denmark England Lithuania Netherlands Ireland Belgium Poland Ukraine France Germany Romania ItalySlovenia Portugal Spain Croatia Greece Bulgaria Gibraltar Malta Cyprus Egypt Iceland Faroes Canada Russia Georgia USA Turkey Korea Tunisia Lebanon China Japan Morocco Israel Mexico Algeria Bahamas UAE Hong Kong Taiwan Costa Rica Senegal India Panama Curacao Thailand Nigeria Phillipines Benin Venezuela Ivory Coast Ghana Sri Lanka Malaysia Cameroon Singapore Peru Brazil Australia South Africa Argentina Chile New Zealand 2 FOREWORD 1 CONTENTS 3 QUESTIONNAIRE 4 Ship arrest in 1. Algeria 5 2. Argentina 8 3. Australia 11 4. Bahamas 15 5. Belgium 18 6. Benin 21 7. Brazil 24 8. Bulgaria 28 9. Cameroon 32 10. Canada 36 11. Chile 40 12. China 44 13. Costa Rica 48 14. Croatia 51 15. Curacao 54 16. Cyprus 56 17. Denmark 61 18. Egypt 65 19. England 69 20. Estonia 73 21. Faroes 77 22. Finland 79 23. France 83 24. Georgia 86 25. Germany 90 26. Ghana 94 27. Gibraltar 97 28. Greece 100 29. Hong Kong 104 30. Iceland 108 31. India 112 32. Ireland 116 33. Israel 119 34. Italy 123 35. Ivory Coast 127 36. Japan 131 37. Korea 133 38. Latvia 137 39. Lebanon 140 40. Lithuania 143 41. Malaysia 146 42. Malta 149 44. Mexico 153 44. Morocco 156 45. Netherlands 159 46. New Zealand 162 47. Nigeria 166 48. Norway 170 49. Panama 174 50. Peru 179 51. Phillipines 182 52. Poland 184 53. Portugal 186 54. Romania 190 55. Russia 193 56. Scotland 197 57. Senegal 201 58. Singapore 203 59. Slovenia 206 60. South Africa 209 61. Spain 213 62. Sri Lanka 217 63. Sweden 221 64. Taiwan 224 65. Thailand 227 66. Tunisia 230 67. Turkey 232 68. UAE 237 69. Ukraine 242 70. USA 247 71. Venezuela 251 APPENDICES 254 International Convention Relating to the Arrest of Sea-Going Ships, 1952 258 International Convention on Arrest of Ships, 1999 International Convention for the unification of certain rules of law 263 relating to maritime liens and mortgages, 1926 267 International Convention on maritime liens and mortgages, 1993 Copyright 2013 3 Overview 1. Please give an overview of ship arrest practice in your country. Applicable Laws 2. Which International Convention applies to arrest of ships in your country? 3. Is there any other way to arrest a ship in your jurisdiction? 4. Are these alternatives e.g. saisie conservatoire or freezing order? Claims subject to ship arrest 5. For which types of claims can you arrest a ship? 6. Can you arrest a ship irrespectively of her flag? 7. Can you arrest a ship irrespectively of the debtor? 8. What is the position as regards sister ships and ships in associated ownership? 9. What is the position as regards Bareboat and Time-Chartered vessels? Arrest Procedure 10. Do your Courts require counter-security in order to arrest a ship? 11. Is there any difference in respect to arresting a ship for a maritime claim and a maritime lien? 12. Does you country recognise maritime liens? Under which International Convention, if any? 13. What lapse of time is required in order to arrest a ship since the moment the file arrives to your law firm? 14. Do you need to provide a POA, or any other documents of the claim to the Court? 15. What original documents are required, what documents can be filed electronically, what documents require notarisation and/or apostille, and when are they needed? 16. Will your Courts accept jurisdiction over the substantive claim once a vessel has been arrested? Miscellaneous 17. Which period of time will be granted by the Courts in order for the claimants to take legal action on the merits? 18. Do the Courts of your country acknowledge wrongful arrest? 19. Do the Courts of your country acknowledge the piercing and lifting of the corporate veil? 20. Is it possible to have a ship sold pendente lite; if so how long does it take? 4 SHIP ARREST IN ALGERIA By Dr. D. Ben Abderrahmane* BEN ABDERRAHMANE & PARTNERS [email protected] www.benlawyers.com 26, boulevard Zirout Youcef, 16035 Algiers Tel: +213 21 74 91 32 / +213 661 80 30 15 Fax: +213 21 74 89 27 1. Please give an overview of ship arrest practice in your country. Algeria has a long tradition in maritime law, including maritime arrests. Algerian law is generally not restrictive in allowing conservatory and provisional measures. Algeria, and most specifically the ports of Algiers, Oran, Annaba as well as the oil and gas terminal of Arzew and Skikkda has a favourable reputation for being a convenient place to arrest ships. 2. Which International Convention applies to arrest of ships in your country? Algeria is since August 1964 member of the Brussels Arrest convention of 1952. Some general principles of the convention have been incorporated in the Algerian Maritime Code (hereafter called CMA). 3. Is there any other way to arrest a ship in your jurisdiction? In practice for the Algerian Courts, the provision of the CMA and the provisions of the Code of Civil procedure (hereafter called CPC) remain the major source of law for the arrest of ships. 4. Are these alternatives e.g. saisie conservatoire or freezing order? No 5.For which types of claims can you arrest a ship? A ship can be arrested to secure a maritime claim Algerian law provides an open list, which may include claims of maritime nature like insurance premiums. A request to obtain authorisation to arrest a sea-going vessel has to be presented before the President of the court which has jurisdiction for the port of call. It is a unilateral request, and the President immediately grants or rejects authorisation. In theory, according to the CPC, the request can be submitted at any time, even out of court hours and during the weekend (in Algeria Friday & Saturday). In practice, the request can be submitted only from Sunday to Thursday. 6. Can you arrest a ship irrespectively of her flag? In theory there are two regimes: (i) A sea-going ship, flying the flag of a contracting State can be arrested in an Algerian port as a security for a maritime claim, as specified in littera a to q of Article 1.1 of the Brussels convention of 1952. (ii) A sea-going ship, flying the flag of a non-contracting State can be arrested in an Algerian port as a security for a maritime claim, as specified in Article 151 CMA. Pursuant to this provision maritime claim means any claims arising out of a contract or an event in connection with the operation or the management of the ship, any loss or damage caused by the ship due to its exploitation. In practice, Algerian courts tend to apply the provision of Article 151 CMA without differentiation. 7. Can you arrest a ship irrespectively of the debtor? The ship can be arrested even if the owner of the ship is not the debtor of the maritime claim. The owner of the ship, in order to have his ship released from arrest, has to give a guarantee for the payment of the claim of the author of the arrest. This means that the owner of the ship will have to guarantee the payment of the claim, even if a third person (charterer, issuer of the Bill of Lading) is the debtor toward the arresting party. 5 8. What is the position as regards sister ships and ships in associated ownership? Pursuant to Article 154 CMA, it is possible to arrest another ship, which is owned by the person who, at the time when the maritime claim arose, was the owner of the particular ship in respect of which the maritime claim arose. However, to the difference of the jurisprudence of several European States, Algerian courts do not authorise the arrest of a ship owned by another company than the debtor of the claim. This even if the claimant has sufficiently established that the separate corporate personality is only a fiction that does not correspond to reality.
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