Chapter 12

Tenth Edition (2017)

Loss of or Damage to Goods and Baggage

Ship is liable to be arrested for the enforcement of maritime claims, or seized in execution or satisfaction of judgments in legal actions arising out of loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship, whether on land or on water, in direct connection with the operation of the ship

Article 1 of the Geneva Arrest Convention deals with the above subject maritime claim although the convention has not been adopted by legislation, the principles incorporated are applicable as per Supreme Court of India judgment to invoke admiralty jurisdiction for ship arrest in India.

Loss of or damage to goods and baggage indicate that the scope of this head of claim is loss of or damage to cargo. Whether, in case such claims are brought in respect of carriage of goods under a time or a voyage charterparty is immaterial. This also applies for new forms of contracts, such as space contracts and slot charters.
BCAS: 7103-1001