- 15-Oct-2025
- public international law
The arrest of a ship in India is a key legal remedy under maritime law for securing the enforcement of maritime claims. When a creditor or claimant has a valid legal claim against a vessel or its owner, they may approach the Admiralty Court to request the arrest of the ship. The Indian Admiralty Jurisdiction Act, 2017 governs the procedures and conditions under which a ship can be arrested in India. Arresting a vessel serves to ensure the claimant's right to recover debts or resolve disputes by detaining the vessel until the matter is resolved in court.
A ship can be arrested in India under the following circumstances:
One of the most common reasons for the arrest of a ship is unpaid debts related to maritime services or transactions. These debts may include:
A maritime lien is a legal claim on a ship for services rendered to it. The ship may be arrested to secure such claims, including:
In such cases, maritime liens give creditors a priority claim to the proceeds from the sale of the ship if the ship is arrested and sold.
If a shipowner has violated a maritime contract (e.g., charter agreements or cargo carriage contracts), the aggrieved party may file a claim for the arrest of the ship. The breach could involve:
A ship may be arrested if it has caused damage to another ship or property due to a collision or marine accident. This includes:
If the damages or claims cannot be settled through negotiation or mediation, a creditor may seek an arrest to ensure the vessel is held until a legal determination is made.
In cases where a ship requires salvage operations (e.g., rescue, towing, or assistance in distress situations), the service provider can arrest the ship for non-payment of salvage fees. These claims fall under maritime liens, and the ship can be detained until the claimant is paid for their services.
Ships are subject to port charges such as dock fees, harbor fees, and loading/unloading charges. If a shipowner fails to pay these fees, the port authorities may seek an arrest of the vessel. The arrest of the vessel ensures that these charges can be recovered before the vessel leaves the port.
In India, ships that fail to comply with environmental regulations, such as those related to marine pollution (e.g., oil spills, sewage discharge), may be subject to arrest. If a ship is involved in pollution incidents, environmental authorities can seek to arrest the vessel for non-compliance with maritime environmental regulations under the MARPOL Convention and Indian laws.
If cargo is damaged or lost during the transit of goods by a vessel, the cargo owners may file a claim against the shipowner for the loss or damage. The ship can be arrested if the shipowner refuses to settle the claim or pay for the damages.
To arrest a ship in India, the claimant must follow these general steps:
The claimant must file a statement of claim in the Admiralty Court (High Court) that details the maritime claim and the amount of money being sought. This claim is typically related to unpaid debts or breaches of maritime agreements.
The claimant needs to apply for an arrest warrant from the Admiralty Court. This involves providing proof that the claimant has a valid maritime claim, and that the ship is within Indian jurisdiction (e.g., docked at an Indian port or in Indian waters).
Once the arrest warrant is issued, port authorities or the Sheriff (appointed by the court) will physically detain the ship. The ship is typically prevented from leaving the port or sailing until the claim is resolved.
The ship may be released if the shipowner provides a security bond or guarantee for the amount owed to the claimant. Alternatively, the ship may be released after an agreement is reached between the claimant and the shipowner.
If the shipowner fails to settle the claim and the dispute remains unresolved, the Admiralty Court may order the sale of the vessel. The proceeds from the sale will be used to satisfy the maritime claim.
Let’s consider the example of MV SeaKing, a bulk carrier docked at the Port of Mumbai.
The vessel has a pending unpaid bill of ₹30 lakhs for cargo handling and stevedoring services at the port. The service provider files a claim in the Mumbai High Court seeking an arrest of the ship.
The service provider files the statement of claim with the court. The court reviews the evidence and issues an arrest warrant for the vessel. The port authorities detain MV SeaKing, preventing it from leaving the port.
The shipowner fails to settle the debt, and the Mumbai High Court orders the sale of the vessel. The proceeds from the sale are used to settle the unpaid bill for cargo handling services.
A ship can be arrested in India under a variety of circumstances, including unpaid debts, maritime liens, breach of contract, salvage claims, marine accidents, and more. The process ensures that creditors have a legal remedy to enforce their maritime claims by detaining the ship until the dispute is resolved. The Indian Admiralty Jurisdiction Act outlines the procedures for filing claims and arresting ships within the jurisdiction of Indian courts, ensuring that justice is served in maritime disputes.
Answer By Law4u Team
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