The Arrest Conventions: International Enforcement of Maritime Claims

Description

The Arrest Conventions, signed in 1952 and 1999, play a fundamental role in the worldwide enforcement of maritime claims. Arrest of ships is one of the most distinctive features of international maritime law. It provides a powerful, efficient and effective means of enforcing maritime claims in rem, obtaining sufficient asset security and preserving property pending substantive proceedings. Ship arrest is, however, also a draconian power that cuts across property rights and can cause considerable commercial harm to shipowning interests. This book provides thematic and comparative analysis from leading international commentators on the most significant legal and policy issues, including practical problems arising from the Arrest Convention texts, as well as the direct implementation or indirect ‘translation’ of the Arrest Conventions into domestic legal systems. It critically analyses the political and historical development of the Conventions, explores the key concepts underpinning the Arrest Convention frameworks and considers the future of ship arrest. Preface Table of Contents List of Contributors Table of Cases Table of Legislation Table of International Instruments Introduction 1. Ship Arrest – Issues of Availability, Fairness and Proportionality I. Ship Arrest – An Introductory Overview II. Ship Arrest - Some Reservations and Proposals III. A Final Comment 2. Arrest of Associated Ships I. Introduction II. Comparison of UK Proposal and South African Provisions III. Reservations about the UK Proposal in Light of the South African Experience IV. Conclusions 3. Arrest as Security and Security Arrest I. Introduction II. Structure of the Chapter III. Delineation of Maritime Security Regime Concepts IV. Arrest as Security V. Security Arrest VI. Conclusion 4. Declining Jurisdiction Following Arrest I. Introduction II. When an Arrest is Not within Jurisdiction III. Characterising or Classifying a Foreign Maritime Claim in the Forum IV. Discretionary Reasons for Declining Jurisdiction Following Arrest V. Conclusion 5. Rearrests and Multiple Arrests of Ships I. Introduction II. Common Law Rule Prior to the Arrest Convention 1952 – "One Ship, One Arrest" III. The Arrest Convention 1952 IV. Comparing Domestic Approaches V. The Arrest Convention 1999 VI. Conclusion 6. Wrongful Arrest of Ships I. Introduction II. Wrongful Arrest in Singapore III. Counter-security for Ship Arrest? IV. Conclusion 7. Conflict of Laws and the Arrest Conventions I. Introduction II. Characterisation of Ship Arrest III. Scope of Application of the Arrest Conventions IV. Jurisdiction V. Liable Person Link VI. Foreign Maritime Liens VII. Other Foreign Maritime Claims VIII. Recognition and Enforcement of Foreign Judgments and Awards IX. Conclusions 8. Arrest, Detention and Seizure of Ships: Availability for Envi I. Introduction II. The Availability of Arrest as a Security Option for Environmental Claims III. Detention and Seizure IV. Conflicts between Concurrent Arrest, Detention and Forfeiture V. Conclusions 9. Arrest and Cross-Border Insolvency: The Singapore Experience I. Introduction II. Singapore"s Common Law on Cross-Border Insolvency III. The Companies (Amendment) Act 2017 IV. The In Rem Creditor in Admiralty and the Model Law"s Moratoriums V. Section 211 Moratoriums and the In Rem Creditor in Admiralty VI. Other Issues Arising from the 2017 Amendments VII. Legitimacy of One-Ship Companies VIII. Issues in Cross-Border Multiple Enterprise Group Insolvencies IX. COMI Debtor is Unlikely to be Admiralty's 'Beneficial Owner' X. Communication and Co-operation in a Cross-Border Insolvency XI. Conclusion 10. National Translations of the Arrest Conventions: European Civil Law Jurisdictions I. Introduction II. Competition between European Civil Law Jurisdictions for Ship Arrests III. The Basics of Arrest Procedures in European Civil Law Systems IV. Translating the Arrest Convention 1952 into National Law: Germany and Greece V. The Impact of EU Law VI. Conclusions 11. National Translations of the Arrest Conventions: China I. Introduction II. Evolution of the System of Ship Arrest in China III. The SMPL and the Arrest Convention 1999 IV. Statutory Supplements to the SMPL V. Conclusion 12. National Translations of the Arrest Conventions: Anglo-Common Law Jurisdictions I. Introduction II. The Common Law Jurisdictions before 1952 III. Common Law Contributions to the Arrest Convention 1952 IV. Common Law Reception of the Arrest Conventions V. Analysis of the Translations VI. Interpretations of the Translations VII. Common Law Countries and the Arrest Convention 1999 VIII. Conclusions 13. The Future of Ship Arrest I. Introduction II. One-ship Companies and the Corporate Veil III. Conclusion Index