- 15-Oct-2025
- public international law
In India, maritime claims, ship arrests, and other admiralty matters fall under the jurisdiction of specific courts known as Admiralty Courts. These courts deal with issues related to ship ownership, maritime liens, ship seizures, and disputes arising out of maritime transactions. Under the Indian Admiralty Jurisdiction Act, 2017, the High Courts of various states have been granted the authority to entertain maritime disputes, ensuring a structured legal framework for handling such cases.
In India, the High Courts have jurisdiction over maritime claims and admiralty matters. This jurisdiction is specifically defined by the Indian Admiralty Jurisdiction Act, 2017. The law empowers the High Courts in the coastal states to hear maritime cases, which include:
Under the Indian Admiralty Jurisdiction Act, 2017, the High Courts of the following coastal states have Admiralty jurisdiction:
An Admiralty Court can entertain maritime claims if certain conditions are met, including:
The court must have territorial jurisdiction over the maritime dispute. This means that the dispute must involve a ship within the court’s jurisdiction (for example, a vessel docked in an Indian port or in Indian territorial waters).
The claim must be a valid maritime claim. Common claims include:
The claim must be in rem (against the vessel), rather than in personam (against the person). In in rem actions, the ship is treated as the defendant, and its arrest can be sought as a way to secure the claim.
The claimant must follow the proper legal procedures, including filing a statement of claim in the Admiralty Court, requesting a warrant of arrest for the vessel, and following the prescribed rules for the seizure and sale of the vessel if necessary.
The first step is for the claimant to file a statement of claim in the appropriate Admiralty Court. This statement must include details about the maritime claim, the vessel involved, and the amount of money being sought.
If the claimant wishes to secure the vessel to ensure payment of the claim, they must apply to the Admiralty Court for an arrest warrant. The court will examine the claim and, if it finds it valid, issue the arrest warrant.
Once the arrest warrant is issued, port authorities or the Sheriff (appointed by the court) will physically detain the ship. The vessel is not allowed to leave the port until the case is resolved or security is provided.
The shipowner can release the ship by providing security (usually in the form of a bank guarantee or cash deposit) or by settling the debt. If the debt is not settled, the court may proceed to sell the vessel to satisfy the claim.
Once the claim is resolved, the court can enforce the payment or order the sale of the ship if necessary.
For instance, if a cargo owner in Mumbai has a claim against a shipowner for damage to goods during transit, they would file the claim in the Bombay High Court. If the claim is related to an unpaid port fee or damage caused by the vessel, the court may issue an arrest warrant for the ship docked in Mumbai, ensuring that the ship is detained until the case is resolved.
In India, Admiralty Courts, which are High Courts of specific coastal states, have jurisdiction over maritime claims and disputes. The Indian Admiralty Jurisdiction Act, 2017 clearly defines the territorial and subject matter jurisdiction of these courts. The jurisdiction allows them to handle cases involving ship arrests, maritime liens, salvage claims, cargo disputes, and more. The High Courts of Bombay, Kolkata, Chennai, Kerala, Karnataka, and Gujarat are vested with this jurisdiction, ensuring that maritime disputes are handled efficiently and within the appropriate legal framework.
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