Arresting a vessel in India, and getting one released.
A ship that owes money can sail tomorrow. Arrest holds her in port until the claim is secured, and it is often the only practical way to make a foreign owner or charterer pay. We act on both sides of that moment: for claimants who need a vessel detained before she leaves, and for owners, managers and P&I clubs who need an arrested ship released and back in trade.
The practice is led by Capt. Pramod Kumar Singh, a Master Mariner (F.G.) who commanded ocean-going vessels before qualifying as an advocate. In an arrest, that matters in practical ways: reading the vessel’s movements, knowing what the Master and the port will do when the warrant arrives, and judging what security an owner can actually put up at short notice.
When a ship can be arrested.
Ship arrest in India is governed by the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, in force since 1 April 2018. Under Section 5, a High Court may order the arrest of a vessel within its jurisdiction to obtain security for a maritime claim. The claim must be one of the maritime claims listed in Section 4, and the court must have reason to believe that the person liable is connected to the ship in the way the Act requires.
01
The claim must be a maritime claim
Section 4 lists the claims that can found an arrest. Among the most common are unpaid hire and freight, loss of or damage to cargo, charterparty disputes, supply of bunkers, stores and provisions, port and agency charges, repairs, salvage, towage, crew wages, and loss of life or personal injury connected with the vessel.
02
The right person must be liable
Usually the owner, or the demise charterer, who was liable when the claim arose and still owns or demise charters the ship when she is arrested. Claims on a mortgage, claims about ownership or possession, and claims secured by a maritime lien follow their own rules under the Act.
03
The ship must be in the court’s waters
The vessel has to be physically within the territorial waters of the High Court whose jurisdiction is invoked. The forum therefore follows the ship: a vessel at Mundra answers to the Gujarat High Court, at Nhava Sheva to the Bombay High Court.
04
A sister ship may be arrested
The court can also order the arrest of another vessel owned by the person liable, in place of the ship the claim arose on. This is not available for disputes about the ownership or possession of a vessel.
Certain claims rank as maritime liens under Section 9, including crew wages, loss of life or personal injury connected with the operation of the vessel, salvage, and port, pilotage and similar dues. A maritime lien stays with the ship even when she is sold or changes flag, but it does not last indefinitely, so time matters from the day the claim arises.
Which High Court.
Admiralty jurisdiction under the 2017 Act lies with the High Courts named in it: Bombay, Gujarat, Madras, Calcutta, Karnataka, Orissa and Kerala, and the High Courts of Andhra Pradesh and Telangana. Our chambers are in New Delhi, and we file in whichever coastal High Court the vessel is in, working with trusted local counsel where a local presence is needed.
How an arrest runs.
An arrest moves at the speed of the ship’s departure, not the claimant’s. A claimant who has its papers ready before the vessel berths controls the clock.
For owners, managers and P&I clubs: getting a ship released.
When your vessel is arrested, every day costs hire, port charges and schedule. The first task is to get her moving again. The second is to make sure the security put up is no larger than the claim deserves.
01
Release on security
Release against a bank guarantee, a cash deposit in court, or a club letter of undertaking where the claimant accepts it. We negotiate the form and amount of security, and the wording, so it does not expose you to more than the claim.
02
Challenging the arrest
An arrest can be set aside where the claim is not a maritime claim under the Act, the person liable does not own or demise charter the vessel, or the claim has been inflated to force a higher security.
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Wrongful arrest
The court can require the arresting party to give security for the owner’s losses, and can award damages for a wrongful or unjustified arrest. Where the facts support it, we press for both.
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Caveats against arrest
Where an arrest is expected, a caveat may give the owner a chance to be heard before an order is made, and security can sometimes be agreed before the ship is ever detained.
Questions owners and claimants ask.
Indian High Courts have ordered arrests to obtain security for claims that are to be decided in arbitration or in a foreign court. Whether it is available in a given case depends on the claim, the contract and the court, so it should be assessed on the facts before the vessel arrives.
Yes. The supply of bunkers, goods, materials and provisions to a ship for its operation or maintenance is a maritime claim under Section 4 of the 2017 Act. The question in most bunker cases is not whether the claim qualifies, but whether the person who ordered the bunkers is the one who owns or demise charters the ship.
Wages and other sums due to the master, officers and crew are maritime liens under Section 9 of the Act. They stay attached to the vessel through a sale, and they rank ahead of most other claims when the proceeds of a sold ship are distributed.
That depends on how complete the papers are and how soon the ship is due to sail. With the claim documents, ownership evidence and authority to act ready, an application can be filed and heard urgently. Without them, the vessel often leaves before the papers are in order.
No. We act on a power of attorney or board authorisation, take instructions by email and phone, and report in the format your own lawyers or club use.