Abdul Muhammed Law Practice
Abdul Muhammed Law Practice explores the core elements surrounding the arrest of ships, including prevention of arrest ships, the meaning of action in rem within the context of arrest of ships, the process of ship arrest, the role of caveats, and the significance of the practice of filing a caveat against arrest of a ship in Nigerian maritime law and practice.
Introduction
Admiralty and maritime law bring unique concepts that govern the high seas and maritime commerce.
One such concept is the arrest of ships, a procedure used to secure claims in maritime disputes.
Action in rem
In maritime law, a claimant can bring a case against the ship owner or company or against the ship herself in an “action in rem” which is a legal proceeding that is brought directly against a specific vessel itself, rather than against its owner or operator.
This means that a claimant seeks to establish a right or interest in the ship itself, not just against the person responsible for it.
This action allows claimants to enforce their maritime claims by attaching the ship as security.
Arrest of ship to safeguard claims
The “arrest of ship” is a legal remedy used to temporarily seize a vessel to secure a maritime claim.
This action prevents the ship from leaving the jurisdiction of Nigeria until the claim is resolved or security is provided.
It acts as a safeguard against the risk of a vessel fleeing the Nigerian jurisdiction to evade its obligations.
Caveat against arrest
A “caveat against arrest” is a legal notice filed by interested parties usually the owner of a ship to prevent the arrest of a ship in the Nigerian Federal High Court system.
It notifies the court that someone has a legitimate interest in the vessel who is willing to post required bail for the ship in Nigeria and requests that the court refrain from authorizing its arrest without prior notice to this person, called the caveat or.
Under Nigerian law the caveator is lawyer registered to practice in Nigeria.
The mechanism of filing a caveat against arrest of a ship in Nigeria is designed to provide an opportunity for interested parties to present their undertaking to appear in court to defend any claim or case before the ship is seized.
Use of caveat against arrest
Caveats against arrest serve to balance the rights of ship owners and claimants.
By giving notice of potential claims, they allow parties to contest the arrest and provide evidence of their interests before the ship is detained.
Purpose of ship arrest
The primary purpose of ship arrest is to ensure that maritime claims are satisfied and that wronged parties are compensated.
Arrest prevents the vessel from leaving the jurisdiction and encourages ship owners and operators to address claims responsibly.
Procedure for arrest of ship
Let’s discuss briefly the procedure for arrest of a ship which the caveat against arrest of ship is designed, in appropriate situations, to foil.
Filing a Claim: A claimant must establish a legitimate maritime claim, such as unpaid cargo freight or damage caused by the ship or by a sister-ship.
Issuing Warrant of Arrest: The claimant files a writ or application with the court, requesting the arrest of the ship and if the court is satisfied that the papers are proper and that an arrest is needed to prevent the ship from leaving the Nigerian jurisdiction the court issues a warrant of arrest – if the claim appears valid.
Executing the arrest
If a caveat against the arrest of the ship is not previously registered in the admiralty registry of the court in Lagos, Warri, Yenagoa, Port Harcourt and Calabar the court might make the order for pre-judgment arrest of the ship.
When the court makes an order for the pre-judgment arrest of a ship in Nigeria the procedure thereafter is that the warrant is delivered to the appropriate authorities, often the admiralty marshal who is a court-appointed bailiff.
The marshal will then see to it that they physically arrest the ship where it is docked or whenever it docks within the Nigerian jurisdiction.
Security or bail
The ship’s owner or operator can post security, usually in the form of a banker’s guarantee, bond or deposit, to secure the release of the ship while the claim is resolved.
Conclusion
Arresting a ship is a distinctive legal concept within admiralty and maritime law.
It allows claimants with valid maritime claims to secure their rights by attaching the ship as security.
The procedure involves various steps, from filing a claim to executing the arrest, while caveats against arrest provide interested parties the chance to assert their interests. The arrest of ships is a vital mechanism that maintains accountability in maritime transactions, ensuring that obligations are met and justice is served on the high seas.
However, filing a caveat against arrest can provide a middle ground allowing the ship to not be arrested especially in slow court jurisdictions such as Nigeria.
Detention of ships by Nigerian Navy.
Noting of ships protest in Apapa, Nigeria.
READ: 8 issues to watch out for the cross border sale of ships.
READ: 20 points on the UN Convention on Laws of the Seas.
READ: 21 things about the Brussels Convention.
READ: Principles governing pre judgment arrest of ships in Nigeria.
READ: How caveats against arrest protects ship owners.
READ: Everything you should know about noting of ships protest in Nigeria
