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Low Legal cost and third party expenses
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Prompt response and immediate reliefs
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Extent of Admiralty jurisdiction on presence of a ship in Indian waters (12 nautical miles from shore)
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A ship can be arrested regardless of her flag, owner and registered address
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Ship can be arrested regardless of where the claim arose
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Admiralty court has admiralty jurisdiction to enforce maritime lien via an action in rem
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The basis for Admiralty jurisdiction is by statute
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Bombay, Calcutta, Madras, Ahmedabad, Odisha, Karnataka, Andhra Pradesh, Telangana, Kerala are the High Courts with jurisdiction to arrest ship.
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Sister-ship arrests are allowed in India
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Ship arrests are allowed by High Courts having admiralty jurisdiction on establishing that there is a prima-facie case
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Ship arrests are allowed ex-parte without giving notice to the opponent or the opponent being heard
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Ship can be arrested under Admiralty jurisdiction only by filing Admiralty suit
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Claims can be in any currency
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Admiralty judges are available for arrest or release of ship even after court hours for extreme urgent cases
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Appeal can be filed to the Appeal court comprising of Division Bench of the High Court having Admiralty jurisdiction from the trial court (single Judge) and an Special Leave Petition (SLP) can be filed in the Supreme Court of India (Apex Court) from the order order of the Appeal court
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Scan copy of the Power of Attorney or Letter of Authority are accepted by High Court having Admiralty jurisdiction for filing of Admiralty suit and obtaining order of arrest of a ship
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No cash bond or security is required to be furnished to the court by the Plaintiff for arrest of a ship but an undertaking by way of an Affidavit for wrongful arrest is required to be filed
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Ship can be arrested as security in Arbitration
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Parties promptly arrive at an out of court settlement
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High number of case withdrawals and disposals
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User-friendly procedures & environment
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Specialised shipping law firms for ship arrest work are available
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Ship arrest specialist, solicitors with specialised knowledge are available in Mumbai also at Kolkata
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India, a Better Forum for Ship Arrest |
India appears to be one of the best forum to arrest a
ship considering below factors: