Commission, Brokerage or Agency Fees
- BCAS: 7103-1001
- admiraltypractice.com
Any unpaid commission, brokerage or agency fees by the vessel owner or demise charterer of the vessel are within the close list of maritime claim and the claimant can arrest a ship for recovery. Section 4 (1) (s) of the Admiralty Act (2017) deals with the above subject claim on commission, brokerage or agency fees payable in respect of the vessel by or on behalf of the vessel owner or demise charterer.
In order to obtain an arrest the broker would have to show that the commission claim fell within section 4 (1) (s) of the Admiralty Act (2017). Only parties to a contract, the owner and charterer under a charterparty, has rights and obligations to enforce. If there is a contract a ship broker can sue the owner and receive his claim for commission this includes the chartering brokers’ ability to enforce their rights.