India, a Better Forum for Ship Arrest

India appears to be one of the best forum to arrest a ship considering below factors:
 

  1. Low Legal cost and third party expenses

  2. Prompt response and immediate reliefs

  3. Extent of Admiralty jurisdiction on presence of a ship in Indian waters (12 nautical miles from shore)

  4. A ship can be arrested regardless of her flag, owner and registered address

  5. Ship can be arrested regardless of where the claim arose

  6. Admiralty court has admiralty jurisdiction to enforce maritime lien via an action in rem

  7. The basis for Admiralty jurisdiction is by statute 

  8. Bombay, Calcutta, Madras, Ahmedabad, Odisha, Karnataka, Andhra Pradesh, Telangana, Kerala are the High Courts with jurisdiction to arrest ship. 

  9. Sister-ship arrests are allowed in India

  10. Ship arrests are allowed by High Courts having admiralty jurisdiction on establishing that there is a prima-facie case

  11. Ship arrests are allowed ex-parte without giving notice to the opponent or the opponent being heard

  12. Ship can be arrested under Admiralty jurisdiction only by filing Admiralty suit

  13. Claims can be in any currency

  14. Admiralty judges are available for arrest or release of ship even after court hours for extreme urgent cases

  15. 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

  16. 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

  17. 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

  18. Ship can be arrested as security in Arbitration

  19. Parties promptly arrive at an out of court settlement

  20. High number of case withdrawals and disposals

  21. User-friendly procedures & environment

  22. Specialised shipping law firms for ship arrest work are available

  23. Ship arrest specialist, solicitors with specialised knowledge are available in Mumbai also at Kolkata

 
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This Page is contributed and reviewed by our Research Team
 
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