News 03 Apr, 2020 Points to Consider if your Ship is Arrested Eugene Cheng Senior Claims Manager It is not uncommon for Members’ ships to be arrested. This article outlines several issues which Members should consider when faced with an arrest.  Download PDF Is it a legitimate arrest pursuant to a court order or an unlawful detention? An arrest is a court order detaining a ship in support of a “maritime claim” against a ship owner. Members should try to ascertain the nature of claim behind the arrest by reviewing the arrest papers served on board the ship. Such papers may include an order of court, warrant of arrest and an affidavit. If there are no arrest papers or court order, the “arrest” is likely to be an unlawful detention. The Club is aware of some ports which detain ships without obtaining a court order or warrant of arrest. Such detention may be brought by errant claimants who have placed undue pressure on the local authorities. Technically, such detentions are illegal and are not considered an arrest. Members should inform the Club as soon as possible so that the appropriate assistance can be obtained either through local lawyers or correspondence. Members should also issue an appropriate notice of protest against the “arresting” party.   Does the arrest relate to a valid claim? A ship can only be arrested for a “maritime claim”. What is a maritime claim depends very much on the local legislation in which the arrest will take place (see for example Senior Courts Act 1981 of UK and High Court Admiralty Jurisdiction Act for Singapore). Generally, the maritime claims under these local legal codes mirror those of the Arrest Convention [1] and a party can arrest for maritime claims falling under the following categories:- Loss of life or personal injury caused by any ship or in connection with the operation of any ship Salvage Agreement relating to the use or hire of any ship whether by charterparty or otherwise Agreement relating to the carriage