Notes & Summary 2

Tenth Edition (2017)

Jurisdiction after the ship has sailed

If Admiralty action is initiated by filing a suit and an order of arrest is obtained and the ship sails out before the order of arrest is effected, the ship may be arrested if she returns back under the general rule of perpetuatio jurisdictionis. If the order or arrest is obtained from Bombay High Court and should the ship sail out and is available in another jurisdiction within India territorial waters, the ship can be arrested.
BCAS: 7103-1001