Ship arrest is a process by which a #ship is prevented from trading or moving until the matter in question is decided. It is an exclusive jurisdiction that is granted to an admiralty court to detain a vessel to secure a #maritimeclaim.
Section 4 of the Admiralty (Jurisdiction and Settlement of Maritime Claims)Act, 2017 deals with the legal aspect of a maritime claim. Procedure
Under Section 5 of the #admiralty Act, the HC may order for the #arrest of any vessel within its jurisdiction, where there is a reason to believe that: The owner of the vessel is liable for the claim; The claim is based on a mortgage or similar charge; The claim relates to possession or ownership; The claim is against the owner, demise charterer, manager or operator of the vessel.
Upon the decision of the claim, the claimant has to state the detailed facts, along with the other particulars, and make an application for the substantive suit.
Once an arrest warrant is issued upon a vessel, the owner of the vessel has to appear and settle the claim or challenge the arrest made. The vessel may be allowed to sail subject to furnishing of security for the claim. At the default of the owner, the ship can be sold, and the sale proceeds may be used to settle the claim. Credits- Neha Pathak