SHIP ARREST AND OTHER CONSERVATORY AND ENFORCEMENT MEASURES
In France, ship arrest is available for the closed list of claims listed in the 1952 arrest convention which applies where the flag of the vessel is that of a state party, and all other types of claims where the 1952 arrest conventions does not apply. Unusual arrest options are “associated” arrest, (the arrest of vessels not strictly in the same legal ownership as the defendant), and arrests for claims against time charterers. We cover France, its overseas departments and territories, Francophone jurisdictions, and of course England and Wales. Our lawyers have been involved in some of the leading recent cases in France:
-The “ORADANA” in which an arrest of an associated vessel was upheld by the Cour d’Appel of Rouen.
-The “MASTROGIORGIS” in which it was successfully argued before the Cour d’Appel of Rouen that EU law prevents a 2nd arrest of the same vessel for the same claim in France after the vessel had been arrested and the arrest successfully challenged in Greece. The claim involved a USD18 million vessel sale dispute.
The “RAINBOW”, the “PIONEER ATLANTIC” and the “LONDON 2012” in which the Cour d’Appel upheld the right to arrest vessels for claims against time charterers.
Other conservatory measures include the attachment of bank accounts, debts and other assets. Recent work includes the attachment of bank accounts to secure claims in a cocoa trading dispute, and the attachment of bunkers.
We have also recently dealt with arrests in the following places:
For full list of favourable arrest jurisdictions where we can assist, click here.
Often an arrest will take place in France or one of the other jurisdictions referred to above, but the other issues are to be dealt with in England under English law. As dual qualified Solicitors and Avocats, we are able to deal with both the arrest in France and the other issues in England. An example is the recent reported case before the High Court in London in the “MIRABELLA III” (read the judgment here).
We have a network of trusted lawyers we are happy to recommend, and an extensive database, for arrests in most jurisdictions. We are listed as experts in many publications such as the Legal 500, Chambers, Best Lawyers, and Legal Experts.