Arrest of Ships – The International Conventions on Arrest of Ships

Abstract

This paper discusses the most important questions concerning the temporary arrest of seagoing ships through solutions given in the existing international conventions. Special attention is given to the changes contained in the International Convention on Arrest of Ships of 1999 that came into force on 14 September, 2011, compared to the previous Convention of 1952. The basic approach to the principle of temporary arrest of ships remained unchanged according to the Convention of 1999 compared to the 1952 Convention. Still, temporary arrest of ships can only be effected for maritime claims. Having in mind that the 1999 Convention increases the number of maritime claims in relation to the Convention of 1952, and in a way that certain maritime claims that were previously considered claims for purely business relationship, for which creditors had not been able to enjoy the protection relating to arrest of the ship, are deemed to be maritime claims. Changes were also made to the right of re-arrest and multiple arrest of the ship. Convention of 1999 does not greatly alter the existing international regulations as established by the previous Convention, but attempts to additionally specify certain solutions contained in both the Conventions, in terms of their improvement and modernization.