Chapter 56

Tenth Edition (2017)

Arresting Ship to obtain Security for Arbitral Award or Court Judgment

Article 2 (3) of International Convention on the Arrest of Ships (Geneva) reads as “A ship may be arrested for the purpose of obtaining security notwithstanding that, by virtue of a jurisdiction clause or arbitration clause in any relevant contract, or otherwise, the maritime claim in respect of which the arrest is effected is to be adjudicated in a State other than the State where the arrest is effected, or is to be arbitrated, or is to be adjudicated subject to the law of another State.”.
Although the Geneva convention has not been adopted by legislation, the principles incorporated in the 1999 Geneva Arrest Convention, the Supreme Court of India in the matter of m.v. Sea Sucess I has held that the principles underlying the 1999 Geneva Arrest Convention were applicable for ship arrest in India.
BCAS: 7103-1001