# llms.txt - Ship Arrest and Admiralty Laws of India (Complete Edition) **Source:** https://www.admiraltypractice.com **Authors:** Dr. Shrikant Pareshnath Hathi (PhD, LL.M, Advocate Bombay High Court, Solicitor Senior Courts England Wales) and Ms. Binita Hathi (Partner, Brus Chambers) **Primary Statute:** Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (Act No. 22 of 2017) **In force:** 1 April 2018 (repealed Admiralty Court Act 1861, Colonial Courts of Admiralty Act 1890, and Colonial Courts of Admiralty (India) Act 1891) **Edition:** Sixteenth Edition (2026) **Last Updated:** June 2026 --- ## TABLE OF CONTENTS 1. OVERVIEW AND SCOPE 2. HIGH COURTS WITH ADMIRALTY JURISDICTION 3. MARITIME CLAIMS – EXHAUSTIVE LIST (SECTION 4) 4. MARITIME LIENS (SECTION 9) 5. SHIP ARREST PROCEDURE 6. JUDICIAL SALE OF ARRESTED VESSEL AND BUYER'S RIGHTS 7. PUBLICLY OWNED SHIPS AND FOREIGN STATE-OWNED VESSELS 8. POSSESSORY LIEN 9. ARREST OF CARGO VS. ARREST OF SHIP 10. ARRESTED SHIP AFFECTING PORT OPERATIONS 11. CAVEAT AGAINST ARREST, RELEASE AND PAYMENT 12. ROLE OF SHERIFF AND ADMIRALTY MARSHAL 13. INTERNATIONAL CONVENTIONS AND INDIAN ADOPTION 14. RECENT DEVELOPMENTS (2025-2026) 15. KEY JUDICIAL DECISIONS (2025-2026) 16. PRACTICAL GUIDANCE 17. GLOSSARY OF ESSENTIAL TERMS 18. STATUTORY LIMITATIONS AND TIME BARS 19. ENFORCEMENT OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS 20. ENVIRONMENTAL CLAIMS AND LIABILITIES 21. PROFESSIONAL FEES AND ENGAGEMENT 22. AUTHORS AND LEGAL PRACTITIONERS 23. COMPLETE CHAPTER SUMMARIES (PART I TO PART IV) 24. ADMIRALTY RULES AND APPENDICES 25. FREQUENTLY ASKED QUESTIONS 26. REFERENCES AND FURTHER READING ================================================================================ ## 1. OVERVIEW AND SCOPE The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (AJSC Act) governs all maritime claims and ship arrest procedures in India. It consolidates and modernizes Indian admiralty law, aligning it with the 1952 Brussels Arrest Convention and the 1999 Geneva Arrest Convention. The Act applies to every vessel, irrespective of flag, within Indian territorial waters (12 nautical miles from the baseline). The Central Government may extend admiralty jurisdiction to the Exclusive Economic Zone (EEZ) by notification. India is recognized as a highly favorable and efficient jurisdiction for international claimants to initiate ship arrest actions. The Act provides a comprehensive framework for the arrest, detention, and judicial sale of vessels, as well as the distribution of proceeds among competing claimants according to a statutory priority scheme. **Key Features of the Admiralty Act, 2017:** - Consolidation of admiralty jurisdiction under a single statute - Exhaustive list of 23 maritime claims under Section 4 - Clear statutory recognition of maritime liens under Section 9 - Sister ship arrest provisions under Section 5(2) - Time-bound judicial sale of abandoned vessels (45-75 days) - Protection against wrongful arrest through undertakings - Alignment with international conventions (1999 Arrest Convention, 1993 MLM Convention) **Historical Evolution:** The formal inception of admiralty jurisdiction in India can be traced to the establishment of the Recorder's Court at Bombay on 20th February 1798. The Charter of 1823 established the Supreme Court of Judicature at Bombay with admiralty jurisdiction equivalent to that exercised by the High Court of Admiralty in England. The Indian High Courts Act of 1861 authorized the Crown to issue Letters Patent establishing High Courts at Calcutta, Madras, and Bombay with admiralty jurisdiction. The Colonial Courts of Admiralty Act, 1890, established a uniform framework for admiralty jurisdiction across the British Empire, and the Indian Legislature enacted the Colonial Courts of Admiralty (India) Act, 1891, declaring the High Courts as Colonial Courts of Admiralty. Post-independence, Article 372 of the Constitution mandated the continuation of pre-constitution laws. The Supreme Court's landmark judgment in m.v. Elisabeth v. Harwan Investment & Trading Pvt Ltd. (1993) reinterpreted admiralty jurisdiction, holding that High Courts possess inherent and plenary powers not frozen by colonial statutes. This led to the enactment of the Admiralty Act, 2017, which received presidential assent on 9th August 2017 and came into force on 1st April 2018. ================================================================================ ## 2. HIGH COURTS WITH ADMIRALTY JURISDICTION (Section 3) The following High Courts exercise admiralty jurisdiction as courts of specific jurisdiction under the Admiralty Act, 2017: 1. **Bombay High Court (Mumbai)** – Has the longest continuous tradition of exercising admiralty jurisdiction, covering Maharashtra and Goa, including major ports like Mumbai, JNPT, Mormugao, and New Mangalore. 2. **Calcutta High Court (Kolkata)** – Exercises jurisdiction over the eastern coastal region, including West Bengal (Kolkata and Haldia) and Odisha, covering the Hooghly River and Bay of Bengal. 3. **Madras High Court (Chennai)** – Exercises jurisdiction over Tamil Nadu's coastal waters, including Chennai Port, Ennore Port (Kamarajar Port), and Tuticorin Port. 4. **Gujarat High Court (Ahmedabad)** – Covers major ports like Kandla (Deendayal Port), Mundra (largest commercial port by volume), and Hazira. Gujarat handles approximately 40% of India's cargo traffic. 5. **Odisha High Court (Cuttack)** – Covers Paradip Port, a crucial gateway for mineral exports from eastern India. 6. **Telangana High Court (Hyderabad)** – Exercises admiralty jurisdiction over maritime matters through its territorial connection to coastal regions of Andhra Pradesh. 7. **Andhra Pradesh High Court (Amaravati)** – Covers Visakhapatnam (largest port in eastern India), Krishnapatnam, Kakinada, and Gangavaram. 8. **Kerala High Court (Kochi)** – Covers Cochin Port, Vizhinjam, and Beypore, with expertise in fisheries disputes and maritime environmental claims. 9. **Karnataka High Court (Bengaluru)** – Covers New Mangalore Port and minor ports in the Karwar region. 10. **Any other High Court notified by the Central Government** **Geographical Extent:** The jurisdiction extends over the waters up to and including the territorial waters of their respective jurisdictions. The concept of concurrent jurisdiction provides flexibility to litigants in choosing an appropriate forum. Through notification under Section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, the Central Government can extend admiralty jurisdiction up to the Exclusive Economic Zone (EEZ). **Principle of Perpetuatio Jurisdictionis:** Once a court has properly acquired jurisdiction over a matter (e.g., by filing of an admiralty suit and issuance of a warrant of arrest), that jurisdiction is not lost merely because the vessel subsequently sails out of territorial waters before the arrest warrant is physically executed. ================================================================================ ## 3. MARITIME CLAIMS – EXHAUSTIVE LIST (Section 4) Section 4 of the Admiralty Act, 2017 provides an exhaustive enumeration of maritime claims over which the High Courts may exercise admiralty jurisdiction. This comprehensive list includes **23 distinct categories** of claims, systematically organized to cover every aspect of maritime commerce and operations: ### SECTION 4(1)(a) – Possession or Ownership of a Vessel Dispute concerning possession or ownership of a vessel or any share therein. This includes title disputes, conflicts over rightful possession, and claims for specific delivery of the vessel. The Admiralty Court has jurisdiction to settle accounts, direct sale of a vessel or share therein, or issue orders deemed fit. ### SECTION 4(1)(b) – Co-owners as to Employment or Earnings of the Vessel Dispute between co-owners as to employment or earnings of the vessel. The court may regulate use, order sale instead of partition (where physical division is impossible), account for profits, and appoint a receiver-manager to operate the ship and distribute net earnings pro rata. ### SECTION 4(1)(c) – Mortgage or Charge of Similar Nature on a Vessel Mortgage or charge of similar nature on a vessel. This is crucial for enforcement of security interests held by banks and financial institutions. The Act applies to mortgages and charges regardless of registration or legal nature, including those created under foreign law. ### SECTION 4(1)(d) – Loss or Damage Caused by the Operation of a Vessel Loss or damage caused by the operation of a vessel (including collision). The expression "operation of a vessel" includes navigation, maneuvering, berthing, unberthing, loading, discharging, anchoring, and use of ship's equipment. Claims for damage done by a ship give rise to a maritime lien. ### SECTION 4(1)(e) – Loss of Life or Personal Injury Loss of life or personal injury occurring in direct connection with vessel operation (on land or water). This includes claims by crew members, passengers, stevedores, or other individuals. Under Section 9(1)(b), such claims are recognized as maritime liens with second-highest priority. ### SECTION 4(1)(f) – Loss or Damage to or in Connection with Any Goods Loss or damage to or in connection with any goods (cargo claims). The primary measure of damages is the difference between the sound value of goods at destination and the damaged value. Claims under this head do not generally give rise to maritime liens but are statutory rights in rem. ### SECTION 4(1)(g) – Carriage of Goods or Passengers Agreement Agreement relating to carriage of goods or passengers on board a vessel (charter party or otherwise). This includes bills of lading, sea waybills, voyage charter parties, time charter parties, and contracts of affreightment. ### SECTION 4(1)(h) – Use or Hire of the Vessel Agreement relating to use or hire of the vessel (charter party or otherwise). This covers voyage charters, time charters, trip time charters, and bareboat charters. ### SECTION 4(1)(i) – Salvage Services Salvage services, including special compensation for environmental protection. Requires three proofs: marine peril; voluntary service rendered when not required as an existing duty or from a special contract; and success in whole or in part. Salvage claims carry a maritime lien with reverse priority rule. ### SECTION 4(1)(j) – Towage Towage services. Distinguished from salvage: ordinary towage is for vessels without injury, under normal conditions; extraordinary towage arises when a vessel is disabled or in need of being towed to a place of safety. ### SECTION 4(1)(k) – Pilotage Pilotage services. The remuneration of pilots is in the nature of wages. Indian courts have jurisdiction to entertain claims by pilots for payment of sums due, whether in an action in rem or in personam. ### SECTION 4(1)(l) – Supplies or Services Rendered Goods, materials, provisions, bunker fuel, equipment (including containers), or services rendered for vessel operation, management, preservation, or maintenance. This includes any fee payable or leviable. The scope is deliberately inclusive: fuel and propulsion supplies, provisions and crew sustenance, repairs and maintenance services, equipment and spare parts, port and harbour charges, waste management services, communication and technology services, and administrative and agency services. ### SECTION 4(1)(m) – Construction, Repair, or Equipment Construction, reconstruction, repair, converting, or equipping of the vessel. A ship can be arrested for any outstanding dues under this head. While claims do not typically give rise to a maritime lien, a repairer has a possessory lien at common law. ### SECTION 4(1)(n) – Port, Harbour, Canal, Dock, Tolls, Waterway Charges and Dues Dues in connection with any port, harbour, canal, dock or light tolls, other tolls, waterway or any charges of similar kind chargeable under any law for the time being in force. This includes berthing charges, pilotage fees, towage fees, mooring and unmooring charges, wharfage, demurrage, ground rent, container detention charges, port security fees, environmental levies, and waste reception facility fees. ### SECTION 4(1)(o) – Wages and Other Sums Due to Master and Crew Claim by a master or member of the crew of a vessel or their heirs and dependents for wages or any sum due out of wages or adjudged to be due which may be recoverable as wages or cost of repatriation or social insurance contribution payable on their behalf. This includes any claim arising under a manning and crew agreement. Wage claims enjoy the highest priority among maritime liens under Section 9(1)(a). ### SECTION 4(1)(p) – Disbursements Disbursements incurred on behalf of the vessel or its owners. The right to claim disbursements is exclusively vested in the master of the vessel. The master must furnish meticulously detailed accounts itemizing each category of expenditure, the date of payment, the identity of the third-party payee, and the specific goods or services provided. ### SECTION 4(1)(q) – General Average or Particular Average Particular average or general average. General average is the principle that all parties involved in a sea voyage proportionately share any losses resulting from voluntary sacrifices of part of the ship or cargo to preserve the whole in an emergency. Particular average refers to partial loss or damage to cargo caused by insured perils without a general average act. ### SECTION 4(1)(r) – Contract for the Sale of the Vessel Dispute arising out of a contract for the sale of the vessel. This includes vessels intended for further trading or commercial operation, as well as vessels sold for demolition or scrapping. The Norwegian Sale Form 1993 (NSF 1993) and BIMCO Saleform 2012 are industry standard. ### SECTION 4(1)(s) – Insurance Premium Insurance premium (including mutual insurance calls) in respect of the vessel, payable by or on behalf of the vessel owners or demise charterers. Under Section 4(1)(s), unpaid insurance premiums and mutual insurance calls are recognized as maritime claims enforceable through vessel arrest. ### SECTION 4(1)(t) – Commission, Brokerage or Agency Fees Commission, brokerage or agency fees payable in respect of the vessel by or on behalf of the vessel owner or demise charterer. These claims are not elevated to maritime liens but support in rem jurisdiction. ### SECTION 4(1)(u) – Environmental Damage or Threat of Damage Environmental damage or threat of damage caused by the vessel to the environment, coastline, or related interests (including restoration costs and third-party losses). This includes measures taken to prevent, minimize, or remove such damage; compensation for such damage; costs of reasonable measures for restoration; and loss incurred or likely to be incurred by third parties. ### SECTION 4(1)(v) – Wreck Removal and Abandoned Vessel Costs Costs or expenses relating to raising, removal, recovery, destruction, or rendering harmless of a sunk, wrecked, stranded, or abandoned vessel, including anything on board, and preservation of abandoned vessel and maintenance of its crew. ### SECTION 4(1)(w) – Maritime Lien Maritime lien. A maritime lien is a privileged claim attaching to a vessel from the moment the claim arises, surviving changes of ownership, and enforceable through in rem proceedings. Section 9 codifies recognized maritime liens. ================================================================================ ## 4. MARITIME LIENS (Section 9) ### 4.1 Definition and Nature A maritime lien is a species of charge that attaches to property and follows the property – most commonly a ship – to secure certain types of claims. It is inchoate from the time of the events giving rise to it, attaching to the ship, travelling with the ship into anyone's possession even a bona fide purchaser for value without notice, except a purchaser at an admiralty court sale, and perfected by legal process. **Key Characteristics of Maritime Liens:** | Characteristic | Description | |----------------|-------------| | **Automatic Creation** | Arises by operation of law upon accrual of cause of action | | **No Registration Required** | Attaches without filing, registration, or public notice | | **Proprietary Nature** | Attaches to the res (vessel) rather than the owner personally | | **Survival** | Survives changes of ownership, registration, or flag | | **Inchoate Character** | Exists as latent right until perfected by arrest | | **Priority** | Takes precedence over mortgages and other charges | | **Enforcement** | Enforced through in rem arrest of vessel | ### 4.2 Recognized Maritime Liens (Section 9(1)) **FIRST PRIORITY – Section 9(1)(a): Wages and Other Sums Due to Master and Crew** - Claims for wages and other sums due to the master, officers, and other members of the vessel's complement in respect of their employment on the vessel - Includes costs of repatriation and social insurance contributions payable on their behalf - Highest priority among maritime liens, reflecting humanitarian protection of seafarers **SECOND PRIORITY – Section 9(1)(b): Loss of Life or Personal Injury** - Claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel - "Direct connection" requires sufficient causal nexus between vessel's operation and the injury or death **THIRD PRIORITY – Section 9(1)(c): Salvage Services** - Claims for reward for salvage services, including special compensation relating to salvage services - Maritime lien for salvage attaches to saved property - Special compensation for environmental protection even if salved value insufficient **FOURTH PRIORITY – Section 9(1)(d): Port, Canal, and Waterway Dues** - Claims for port, canal, and other waterway dues and pilotage dues - Includes any other statutory dues related to the vessel **FIFTH PRIORITY – Section 9(1)(e): Tort Claims** - Claims based on tort arising out of loss or damage caused by the operation of the vessel - Excludes loss or damage to cargo and containers carried on the vessel ### 4.3 Duration and Extinguishment (Section 9(2)) - A maritime lien continues notwithstanding any change of ownership, registration, or flag. - It is extinguished after **ONE YEAR** unless the vessel is arrested and a forced sale occurs. - For crew wage claims: **TWO YEARS** from the date wages fall due or become payable. - The limitation period runs continuously without suspension or interruption. - Any period during which the vessel was under arrest or seizure is excluded from computation. ### 4.4 Inter Se Priority of Maritime Liens (Section 9(1)) The priority order listed in clauses (a) through (e) is hierarchical and mandatory: 1. **Crew wage claims** (category a) rank highest 2. **Personal injury or loss of life claims** (b) rank second 3. **Salvage claims** (c) rank third 4. **Port and statutory dues** (d) rank fourth 5. **Tort claims** (e) rank fifth **Reverse Priority Rule for Salvage:** Later salvage liens prime earlier salvage liens, reflecting the maritime policy of encouraging subsequent salvors who may preserve property that earlier salvors failed to protect adequately. ### 4.5 Exclusions from Maritime Lien Protection (Section 9(4)) No maritime lien shall attach to a vessel to secure a claim which arises out of or results from: (a) damage in connection with the carriage of oil or other hazardous or noxious substances by sea for which compensation is payable pursuant to any law for the time being in force (channels claims into CLC and Fund Convention regimes) (b) the radioactive properties or combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or of radioactive products or waste ### 4.6 Priority of Maritime Claims in Distribution (Section 10) **SECTION 10(1) – Three-Tier Hierarchy:** 1. **Claims secured by maritime lien** (inter se priority under Section 9) 2. **Registered mortgages and charges of similar nature** 3. **All other claims** **SECTION 10(2) – Internal Priority Principles:** (a) **Equality Within Categories:** All claims falling within the same tier abate in equal proportion if proceeds insufficient to pay full amount of each claim. (b) **Inverse Order for Salvage Claims:** Multiple salvage claims are ranked in inverse order of time – the most recent salvage effort is paid first. ================================================================================ ## 5. SHIP ARREST PROCEDURE ### 5.1 Action in Rem (Section 5) Legal proceeding directed against the vessel itself as the defendant (the "res"). The vessel is personified and treated as the defendant for purposes of the suit. The philosophical foundation is that a vessel, as an instrument of commerce and a potential source of harm, can independently incur liabilities through its operation. **Conditions for Arrest under Section 5(1):** The High Court may order arrest of any vessel within its jurisdiction to provide security against a maritime claim if: (a) The person who owned the vessel at the time the maritime claim arose is liable and remains the owner at the time of arrest; or (b) The demise charterer at the time the claim arose is liable and remains the demise charterer or owner at arrest; or (c) The claim is based on a mortgage or similar charge on the vessel; or (d) The claim relates to ownership or possession of the vessel; or (e) The claim against the owner, demise charterer, manager, or operator is secured by a maritime lien as provided in Section 9. ### 5.2 Sister Ship Arrest (Section 5(2)) A claimant may arrest any other vessel under the same beneficial ownership as the vessel against which the maritime claim arose. Requires strict proof of common beneficial ownership (piercing the corporate veil may be allowed). Not available for ownership/possession claims (Section 4(1)(a)). Time charterers cannot have vessels arrested for claims against them under this provision. **Requirements for Sister Ship Arrest:** - Common beneficial ownership must exist at both the time the cause of action arose and at the time the action is brought - Protects bona fide purchasers for value without notice of the claim - Prevents evasion of liability through single-ship companies ### 5.3 Action in Personam (Sections 6 & 7) **Section 6:** High Court may exercise admiralty jurisdiction in personam for any maritime claim in Section 4. **Section 7 (Restrictions):** For collision, loss of life, or personal injury claims arising from collision or navigational fault, an in personam action is permitted only if: - The cause of action wholly or partly arises in India; or - The defendant resides or carries on business in India at the time the action is commenced. ### 5.4 Step-by-Step Arrest Procedure **STEP 1: VERIFY VESSEL LOCATION** The vessel must be within territorial waters (12 nautical miles) of a High Court with admiralty jurisdiction. The court acquires jurisdiction if the writ or warrant of arrest is executed on the ship when it arrives within territorial jurisdiction. **STEP 2: PREPARE DOCUMENTS** - Plaint (verified complaint) - Affidavit in support of maritime claim - Application for arrest (interim application) - Unconditional undertaking for damages (Section 11) - Caveat warrant search certificate - Notice to foreign consul (if required) **STEP 3: FILE SUIT AND ARREST APPLICATION** Urgent ex parte application can be filed during court vacations, after hours, or on holidays. The court may require the claimant to provide security or an undertaking to pay damages in case of wrongful arrest. **STEP 4: OBTAIN ORDER OF ARREST** Admiralty Judge issues ex parte order upon finding a prima facie case. The order may dispense with formal warrant, allowing immediate arrest. **STEP 5: WARRANT OF ARREST** Issued by court registry; executed by Sheriff or Admiralty Marshal by affixing it to the vessel's mast and notifying port and customs authorities. The warrant covers the hull, engines, gears, bunkers, machinery, apparel, plant, furniture, equipment, and all appurtenances. **STEP 6: VESSEL DETAINED** Port clearance is denied; the vessel cannot sail. The vessel enters custody (not possession) of the Sheriff or Marshal on behalf of the court. **STEP 7: RELEASE ON SECURITY** The owner provides cash deposit or bank guarantee (P&I Club letters of undertaking are generally NOT accepted by courts, though the claimant may voluntarily accept a letter of indemnity). Security amount typically covers principal claim, interest (15-18% per annum), and costs. **STEP 8: JUDICIAL SALE** If no security is provided, the court may order sale of the vessel (interlocutory sale if the vessel is perishable or costs of keeping it are excessive). The sale vests in the purchaser free from all encumbrances, liens, attachments, registered mortgages and charges. ### 5.5 Caveat Against Arrest (Section 148A, Code of Civil Procedure, 1908) - Any interested person may file a praecipe requesting entry of a caveat in the Caveat Warrant Book. - Valid for **90 days**; successive caveats are permitted (renewable). - The caveator undertakes to appear and provide security. - A caveat does NOT absolutely prevent arrest, but the claimant must show "good and sufficient reason" and the caveator must be heard before arrest. - The Caveat Warrant Book is statutorily open for public inspection without charge. **Praecipe Requirements:** - Signed by caveator or authorized advocate - Request to enter caveat against arrest of identified maritime property - Unconditional undertaking to enter appearance (in person or through vakalatnama) - Undertaking to provide security in specified amount or deposit sum into court registry ### 5.6 Security for Release (Chapter 46) **Acceptable Security:** - Cash deposit in court registry - Bank guarantee from a nationalized or recognized foreign bank with an office in India - Letter of undertaking from a P&I Club (generally NOT accepted by Indian courts, though claimant may accept voluntarily) **Quantum of Security:** - Determined by the court based on principal claim plus interest and costs - The court has power to reduce security under Section 11(2) - Should reflect the "reasonably arguable best case" ### 5.7 Wrongful Arrest and Damages (Section 11) **Claimant's Obligations (Section 11(1)):** The High Court may impose as a condition of arrest an unconditional undertaking to pay damages for: - Wrongful or unjustified arrest; or - Excessive security demanded and provided **Reduction, Modification, or Cancellation (Section 11(2)):** The person providing security may at any time apply to the High Court to have the security reduced, modified, or cancelled for sufficient reasons as may be stated in the application. **Abandonment of Vessel (Section 11(3)):** If the owner or demise charterer abandons the vessel after its arrest, the High Court shall cause the vessel to be auctioned within **45 days** from the date of arrest or abandonment, extendable by a further **30 days** for reasons to be recorded in writing. **Threshold for Wrongful Arrest:** The defendant seeking damages must generally prove that the arrest was obtained with **mala fides** (bad faith, malice, or improper purpose) or **crassa negligentia** (gross negligence). Mere lack of ultimate success in the underlying claim is insufficient. ================================================================================ ## 6. JUDICIAL SALE OF ARRESTED VESSEL AND BUYER'S RIGHTS (Chapter 32) ### 6.1 Clean Title (Section 8) "On the sale of a vessel under this Act by the High Court in exercise of its admiralty jurisdiction, the vessel shall vest in the purchaser free from all encumbrances, liens, attachments, registered mortgages and charges of the same nature on the vessel." - The buyer obtains absolute title; all prior claims are extinguished. - This statutory provision is a cornerstone for auction buyers, providing title insurance in legal form. - The buyer must, however, conduct due diligence regarding physical condition, environmental liabilities, and flag state re-registration requirements. ### 6.2 Pre-Auction Procedures (Sections 8-11) **Notice of Arrest (Section 8):** The High Court issues a public notice about the arrest of the ship, including details like vessel name, type, and reason for arrest. **Application to Release (Section 9):** The ship owner or someone with a legal interest can apply for release by providing security (cash deposit or bank guarantee). **Objections to Release (Section 9):** Claimants can object to release if security is insufficient to cover their claims. **Determination of Release (Section 9):** The High Court decides whether to release the ship based on adequacy of security and potential prejudice to claimants. **Advertisement of Sale (Section 10):** If the ship isn't released, the High Court orders its sale through public advertisement specifying ship's details, location, inspection dates, and reserve price. **Claims Procedure (Section 10):** Claimants must submit their claims to the Court within a stipulated time frame to participate in auction proceeds. ### 6.3 Auction Process (Sections 11-12) **Venue and Conduct:** The auction is typically held at the High Court or a designated location. A court official or designated auctioneer conducts the bidding process. **Bidding:** Interested buyers participate in open bidding, with bids exceeding the reserve price. **Payment and Sale:** The successful bidder must pay the purchase price within a specified timeframe. Once payment is received, the Court issues a sale order transferring ownership to the buyer. ### 6.4 Post-Auction Procedures (Sections 11-13) **Distribution of Proceeds (Section 11):** 1. Court fees and expenses related to arrest and sale 2. Maritime liens (wages, salvage claims, etc.) with established priority 3. Claims submitted by other creditors (ranked as per Admiralty Act) 4. Any remaining surplus goes to the ship's owner **Delivery of Possession (Section 11):** The Court issues a delivery order to the buyer, authorizing them to take possession of the ship. **Challenges to Sale (Section 12):** In rare cases, the sale might be challenged if there were procedural irregularities or if a higher-ranking claim emerges after sale. **Setting Aside Sale (Section 12):** The Court can set aside the sale if a valid challenge is successful, and a re-auction may occur. ### 6.5 Interlocutory Sale (Before Judgment) Permitted where: - The vessel is perishable, liable to deterioration - The costs of keeping it are excessive or disproportionate - The owner or demise charterer abandons the vessel after arrest ### 6.6 Distribution of Proceeds (Priority Order) 1. **First:** Costs of arrest, preservation, and sale (including custodian charges, marshal's fees, court fees) 2. **Second:** Maritime liens (in the Section 9 priority order) 3. **Third:** Registered mortgages and charges (in order of registration) 4. **Fourth:** All other claims (including bunker supply claims, necessaries, unsecured claims) Any surplus is returned to the owner. Claims within the same category rank equally (pari passu) and are paid proportionately. ### 6.7 Checklist for Auction Purchasers 1. Review the court's sale advertisement and obtain the tender document 2. Conduct physical inspection of the vessel with a marine engineer 3. Verify the vessel's registration and deletion certificate 4. Check for unpaid port dues or criminal proceedings 5. Assess environmental hazards and Inventory of Hazardous Materials (IHM) 6. Arrange financing and proof of funds 7. Register on the e-auction portal (if applicable) 8. Bid above the reserve price 9. Pay the balance by the deadline 10. Obtain the sale confirmation order and delivery order 11. Take physical possession and change flag/class 12. Commence insurance and manning ================================================================================ ## 7. PUBLICLY OWNED SHIPS AND FOREIGN STATE-OWNED VESSELS (Chapter 31) ### 7.1 Statutory Exemptions (Section 2(1)(i)) The Act does NOT apply to: - Warships, naval auxiliaries, or other vessels owned/operated by the Central or a State Government and used for **NON-COMMERCIAL** purposes. - Foreign vessels used for non-commercial purposes as notified by the Central Government. ### 7.2 Commercial Use Exception - If a government-owned vessel is used for a **COMMERCIAL** purpose, it is subject to arrest. - Foreign state-owned vessels used commercially require **PRIOR CONSENT** of the Central Government before arrest. - Government-owned companies (public sector undertakings) are NOT immune when engaged in commercial shipping. ### 7.3 Sovereign Immunity (Restrictive Theory) India follows the **restrictive theory** of sovereign immunity: immunity only for **acta jure imperii** (sovereign acts), not for **acta jure gestionis** (commercial/private acts). Aligned with the UN Convention on Jurisdictional Immunities of States and Their Property (2004) – India signed in 2007. **Examples of Immune Vessels:** - Naval frigates, aircraft carriers, offshore patrol vessels - Coast guard ships, research vessels conducting non-commercial oceanographic studies - Administrative vessels used for official government business **Examples of Non-Immune Vessels (Subject to Arrest):** - Vessels owned by government-controlled companies or PSUs engaged in commercial shipping - Naval auxiliaries deployed to transport commercial cargo for payment - Vessels owned by state trading corporations or state-owned oil companies carrying crude oil for sale ### 7.4 Central Government Consent for Foreign Vessels For foreign state-owned vessels used for commercial purposes, the prior consent of the Central Government is mandatory. The Central Government evaluates requests based on: - Principles of reciprocity - International comity - Specific circumstances of the claim - Foreign policy and diplomatic relations The consent process involves the Ministry of External Affairs, Ministry of Ports, Shipping and Waterways, and Ministry of Law and Justice. ### 7.5 Bharat Maritime Insurance Pool (April 2026) - Sovereign guarantee of **?12,980 crore** (approximately USD 1.4 billion) - Coverage: hull and machinery, cargo, protection and indemnity (P&I), war risks - For Indian-flagged vessels, India-controlled ships, and vessels with India as origin or destination - Managed by the General Insurance Corporation of India - Expected to reduce marine insurance costs by approximately 25% - Enhances risk management capabilities of state-owned fleets ================================================================================ ## 8. POSSESSORY LIEN (Chapter 45) - A self-help remedy – a shipyard, repairer, or carrier may retain possession of a vessel or cargo until the debt is paid. - Does NOT confer a power of sale – the lienholder must eventually arrest the vessel and obtain a judicial sale. - **Particular lien:** attaches only to specific goods on which labour or expense was bestowed. - **General lien:** not favoured at common law; must be expressly contracted. **Shipowner's Possessory Lien on Cargo arises for:** - (i) freight due on delivery - (ii) the cargo's contribution to general average - (iii) salvage expenses The lien is **EXTINGUISHED** upon voluntary surrender of possession. **Repairer's Possessory Lien:** - A shipyard that physically works on the ship obtains a common law possessory lien - Takes priority over other claims (rooted in admiralty law to protect the repairer who has added value to the vessel) - The repairer must retain exclusive possession of the vessel ================================================================================ ## 9. ARREST OF CARGO VS. ARREST OF SHIP (Chapters 41 & 42) - Arrest of a ship does **NOT** include cargo on board – cargo discharge normally continues. - Cargo may be arrested only by a separate court order, typically for ownership disputes, unpaid freight, general average, or salvage (where cargo is the res). - **Exception:** In salvage claims, cargo may be arrested together with the ship if the court so orders. - Cargo arrest does **NOT** automatically detain the ship – the vessel may sail after the arrested cargo is discharged. **Rationale for Distinction:** - Facilitates trade by allowing unimpeded cargo discharge - Preserves cargo condition particularly for perishable or time-sensitive goods - Recognizes that the ship itself often provides sufficient security for the claim **Procedure for Cargo Arrest:** - The original writ is placed briefly on the cargo, and a duplicate is left behind - If the custodian refuses access, service is effected on the custodian - For freight, service is made on the cargo or the ship that carried it ================================================================================ ## 10. ARRESTED SHIP AFFECTING PORT OPERATIONS (Chapter 44) If the arrest of a ship in a port causes **CONSIDERABLE AND CONTINUED DISRUPTION** to port operations, the port authorities may remove the vessel to a safe berth or other place within their jurisdiction, keeping it under arrest (not allowing it to sail). - Port authorities have statutory power under major port trust acts and the inherent jurisdiction of the court. - Removal does not extinguish the arrest; the vessel remains in custody. - The court has inherent jurisdiction to allow a party to intervene if the effect of an arrest is to cause that party serious hardship or difficulty or danger. **Inherent Jurisdiction of Court:** The court may pass directions to remove the ship to a safe berth in such other place as it shall think appropriate. This power ensures that legitimate rights of claimants are balanced against the operational needs of ports and the commercial interests of third parties. ================================================================================ ## 11. CAVEAT AGAINST RELEASE AND CAVEAT AGAINST PAYMENT (Chapter 43) - **Caveat against release:** Prevents release of arrested property. Entered in the Caveat Release Book. - **Caveat against payment:** Prevents disbursement of sale proceeds from the court registry. Entered in the Caveat Payment Book. - Valid for **90 days**; successive caveats are permitted. - The party seeking release or payment must notify the caveator before obtaining a release or payment order. - The caveator undertakes to appear and provide security. **Caveat Against Release Requirements:** - Any person desiring to prevent release of any property under arrest shall file a praecipe - Signed by himself or his Advocate - Requesting that a caveat be entered against release of the said property **Caveat Against Payment Requirements:** - Any person desiring to prevent payment out of court of any money in court representing proceeds of sale of any property shall file a praecipe - Requesting that a caveat be entered against payment out of Court of the said proceeds of sale ================================================================================ ## 12. ROLE OF SHERIFF AND ADMIRALTY MARSHAL (Chapters 38 & 39) - Execute warrants of arrest: board the vessel, affix the warrant to the mast, and notify port/customs authorities. - Take **custody** (not possession) of the arrested vessel. - Ensure safe custody and preservation (remove cargo, store perishable goods, move the vessel if ordered). - Arrange for valuation, auction, and sale of the vessel. - Return the process to the court registry within **4 days**. - Interference with custody constitutes contempt of court. **Key Distinction: Custody vs. Possession** As Lord Atkin explained in Government of the Republic of Spain v SS "Arantzazu Mendi": the ship arrested does not by the mere fact of arrest pass from the possession of its then possessors to a new possession of the Sheriff or Marshal. His right is not possession but custody. Any interference with his custody will be properly punished as a contempt of the Court which ordered arrest. **Sheriff's Duties Regarding Cargo:** - Removing from the ship, or storing, cargo that is under arrest - Removing cargo from a ship that is under arrest and storing it - Removing, storing or disposing of perishable goods that are under arrest or are in a ship that is under arrest **Financial Requirements:** - The Marshal or Sheriff requires an initial deposit towards expenses (?2,00,000 to ?10,00,000 depending on vessel size) - A personal undertaking from the plaintiff's advocate to make further deposits as required - The plaintiff has a first charge in respect of expenses on the sale proceeds of the ship **Contempt of Court:** Any unauthorized interference with the Sheriff's custody – whether by moving the ship, removing equipment, or attempting to sail away – constitutes contempt of court. The court may impose fines, order arrest of contemnors, or take such other action as necessary. ================================================================================ ## 13. INTERNATIONAL CONVENTIONS AND INDIAN ADOPTION | Convention | India Status | Alignment | |------------|--------------|-----------| | Brussels Arrest Convention 1952 | Not ratified | Principles adopted via common law (M.V. Elisabeth v. Harwan) | | Geneva Arrest Convention 1999 | Not ratified | Substantially adopted in the Admiralty Act 2017 | | MLM Convention 1993 | Not ratified | Section 9 priority scheme aligned | | Bunker Convention 2001 | **RATIFIED (2026)** | Implemented via Merchant Shipping Act amendments; compulsory insurance; direct action against insurers | | Nairobi Wreck Removal Convention 2007 | Signatory | Being implemented (2026 amendments to Merchant Shipping Act) | | Salvage Convention 1989 | Ratified | Implemented | | HNS Convention 1996 | Not yet ratified | Under evaluation | | UNCLOS 1982 | Ratified | Framework for maritime zones and jurisdiction | ### 13.1 Geneva Convention 1999 – Key Articles **Article 1 – Definitions:** "Maritime Claim" means a claim arising out of one or more of 22 enumerated categories (salvage, collision, crew wages, environmental damage, etc.). "Arrest" means any detention or restriction on removal of a ship by order of a Court to secure a maritime claim. **Article 2 – Powers of arrest:** A ship may be arrested or released only under authority of a Court. A ship may only be arrested in respect of a maritime claim. Arrest may be for purpose of obtaining security notwithstanding jurisdiction or arbitration clause in any relevant contract. **Article 3 – Exercise of right of arrest:** Arrest is permissible of any ship in respect of which a maritime claim is asserted under specified conditions (owner at time claim arose and arrest; demise charterer; mortgage; ownership/possession claim; maritime lien). Sister ship arrest is also permissible. **Article 4 – Release from arrest:** Ship shall be released when sufficient security provided. Security not exceeding value of arrested ship. Provision of security not construed as acknowledgment of liability. **Article 5 – Right of rearrest and multiple arrest:** Ship shall not be rearrested in respect of same maritime claim unless security inadequate or provider unlikely to fulfil obligations. **Article 6 – Protection of owners and demise charterers:** Court may impose obligation on claimant to provide security for loss which may be incurred by defendant as a result of arrest (wrongful or unjustified arrest; excessive security demanded and provided). ### 13.2 Comparison: Brussels 1952 vs Geneva 1999 vs Indian Admiralty Act 2017 | Feature | Brussels 1952 | Geneva 1999 | Indian Admiralty Act 2017 | |---------|---------------|-------------|---------------------------| | Maritime claims | 17 categories | 22 categories | 23 categories (Section 4) | | Sister ship arrest | Limited | Expanded (Article 3(2)) | Section 5(2) | | Environmental claims | Not included | Article 1(1)(d) | Section 4(1)(u) | | Wreck removal | Not included | Article 1(1)(e) | Section 4(1)(v) | | Protection against wrongful arrest | Limited | Article 6 | Section 11 (undertaking) | | Rearrest/multiple arrest | Not specified | Article 5 | Section 5 (implied) | | Time limit for auction | Not specified | Not specified | 45-75 days (Section 11(3)) | ================================================================================ ## 14. RECENT DEVELOPMENTS (2025-2026) ### 14.1 Bunker Convention Ratification (2026) India acceded to the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 in early 2026. Key features: - Applies to vessels >1000 GT - Requires compulsory insurance - Allows direct action against insurers - Amendments to the Merchant Shipping Act give effect to the Bunker Convention - Ensures adequate, prompt, and effective compensation for damage caused by spills of oil when carried as fuel in ships' bunkers - Territorial jurisdiction extends to territorial sea and exclusive economic zones ### 14.2 DGS Order No. 01 of 2026 Revised age norms for Indian flag vessels and foreign flag vessels under Sections 406 and 407 of the Merchant Shipping Act: | Vessel Type | Entry Age Cap | Exit Age | |-------------|---------------|----------| | Oil tankers | 20 years | 25 years | | Bulk carriers | 20 years | 25 years | | General cargo vessels | 20 years | 25 years | | Offshore fleet (excluding DP2) | As per norms | As per norms | - Existing vessels allowed until 31 March 2029 - Extension up to 31 March 2031 subject to sustainability indexing - Sustainability Indexing of Ships criteria to be issued by DGS after stakeholder consultations ### 14.3 Bharat Maritime Insurance Pool (April 2026) - Sovereign guarantee of **?12,980 crore** (approximately USD 1.4 billion) - Coverage: hull and machinery, cargo, protection and indemnity (P&I), war risks - For Indian-flagged vessels, India-controlled ships, and vessels with India as origin or destination - Managed by the General Insurance Corporation of India - Expected to reduce marine insurance costs by approximately 25% - Reduces India's dependence on foreign insurance markets ### 14.4 Tar Balls Management Rules (2026 – draft) - Framework for managing tar balls along the coastline - State Level Crisis Management Groups under the National Oil Spill Disaster Contingency Plan (NOSDCP) - Empowers state governments to declare pollution from tar balls as a state disaster - District administration responsible for collection, handling, processing, and transportation of tar balls - Indian Coast Guard tasked with implementing NOSDCP ### 14.5 Carriage of Goods by Sea Act, 2025 - Repeals COGSA 1925 - Incorporates the Hague-Visby Rules - No implied absolute undertaking of seaworthiness – a due diligence standard applies - Promotes electronic bills of lading - Central Government has power to amend the Schedule - Schedule to the Act lays down applicable rules relating to bills of lading ### 14.6 Merchant Shipping Act, 2025 - Consolidates and amends the 1958 Act - Reduces number of sections from 561 to 325 Clauses (16 Parts) - Stricter pollution control, ballast water management, digital certificates - Expanded registration eligibility: NRIs, OCIs, Indian companies - Enhanced penalties for pollution offences - Establishment of a Marine Environmental Protection Fund - Digitalisation measures: electronic certificates, risk-based inspections - Establishment of dedicated Marine Environmental Protection Fund ### 14.7 National Oil Spill Disaster Contingency Plan (NOSDCP) Review (March 2026) - 26th NOSDCP meeting hosted by Indian Coast Guard in New Delhi - 80 delegates from various ministries, central and state governments, ports, and oil handling agencies - Review of country's preparedness to respond effectively to oil spill contingencies in Indian waters - Advanced technologies: remotely operated vehicles, automated underwater vehicles for detecting and managing underwater oil plumes ================================================================================ ## 15. KEY JUDICIAL DECISIONS (2025-2026) ### 15.1 M.V. Nikator (Gujarat High Court, January 2026) - Arrest for short delivery of cargo – 407.3 MT of Bright Yellow Crude Sulphate at Kandla Port - Cargo shortage ascertained after discharge from total shipment of 9,800 metric tonnes loaded at Sohar Port, Oman - Security fixed at ?2.89 crore (principal AED 784,765 + customs duties + legal costs ?75 lakhs) - Interest at 18% per annum from suit date until payment - **PRINCIPLE:** Cargo shortage ascertained after discharge can support a maritime claim under Section 4(1)(f). - Court directed Port Officer and Customs Authorities to keep vessel under arrest until further orders ### 15.2 M.V. Zhong Peng You Yi (Madras High Court, April 2026) - Arrest for USD 2,615,036.65 arising from time charterparty breach (wrongful withdrawal of the vessel) - Vessel relocated to China under guise of repairs - Claim held to be a maritime claim under Section 4(1)(h) – agreement relating to use or hire of a vessel - Court directed issuance of warrant of arrest under Admiralty Rules - **PRINCIPLE:** Time charterparty disputes provide valid basis for vessel arrest under Section 4(1)(h) ### 15.3 M.V. Patron (Orissa High Court, December 2025 / January 2026) - Arrest for speed deficiency under charter party (engine failure causing delayed voyage) - Jordanian-flagged cargo vessel anchored near Paradip Port - Emergency arrest during winter vacation (special court session at 4:45 PM) - Release within 5 days upon deposit of principal amount - **PRINCIPLE:** Security can be deposited "without prejudice" and kept in an interest-bearing account. - Court clarified ongoing litigation would not hinder cargo unloading operations ### 15.4 MSC Akiteta II (Kerala High Court, 2025) - Sister ship arrest of MSC Akiteta II for claims arising from sunken MSC Elsa 3 - Hazardous cargo: calcium carbide, diesel, furnace oil, plastic nurdles - Security reduced from ?9,531 crore to ?1,227.62 crore (87% reduction) - **PRINCIPLES:** - Security should reflect "reasonably arguable best case", not speculative maximum - State Government is competent to file admiralty suit for environmental and economic damage - Threat of pollution in EEZ that affects territorial waters is actionable maritime claim under Section 4(1)(u) - Court can order arrest of sister ship under Section 5(2) based on common beneficial ownership ### 15.5 M.V. Polar Star (Andhra Pradesh High Court, 2026) - Arrest for unpaid ship management fees (USD 833,148) under Ship Management Agreement - Vessel at Visakhapatnam Port - Held to be a valid maritime claim under Section 4(1)(l) (services rendered to vessel for its operation, management, preservation, or maintenance) - **PRINCIPLE:** Ship management fees constitute a maritime claim when services are rendered for vessel operation and management ### 15.6 Shreeji Shipping Services India Ltd v. Diamond (Bombay High Court, February 2026) - Arrest for outstanding charter hire dues of INR 80,57,112.40 - Claim under Section 4(1)(h) – agreement relating to use or hire of a ship - Court dispensed with formal warrant of arrest - Allowed plaintiff to intimate order to Master, Port, Customs, and CISF authorities by email or hand delivery - **PRINCIPLE:** Court may dispense with warrant of arrest in urgent cases and allow direct service of order ### 15.7 Ram-Nath and Company Pvt Ltd v. Owners of MV Maersk Stadelhorn (Madras High Court, January 2026) - Claim for detention charges or container detention - Court held such claims do NOT fall within Section 4(1)(g) or (h) - Dismissed suit for refund of extended detention free period - **PRINCIPLE:** Not every commercial dispute involving a ship is actionable in rem; the claim must strictly arise out of one of the statutory categories under Section 4 ### 15.8 MV Golden Pride v Gac Shipping (India) Pvt Ltd (Supreme Court, March 2026) - Issues relating to arrest, scrapping, and sale of vessels against port trust dues - Left certain questions of law open for future adjudication - Once suit is disposed of and vessel sold, challenges to arrest become academic unless restoration is sought - **PRINCIPLE:** After vessel sold, substantive issues regarding arrest become moot unless restoration is specifically sought ================================================================================ ## 16. PRACTICAL GUIDANCE ### 16.1 For Claimants (Arresting Party) 1. **Ensure the claim falls within the exhaustive Section 4 list** – claims outside the list cannot support arrest, regardless of strength. 2. **Act urgently** – the vessel may depart within hours. Courts will entertain urgent applications even outside regular court hours. 3. **Provide an unconditional undertaking for damages** (Section 11) – breach of undertaking constitutes contempt of court. 4. **Consider sister ship arrest** if the offending vessel is not in jurisdiction (requires proof of common beneficial ownership). 5. **Demand reasonable security** – excessive security may be reduced by the court with costs. 6. **Document everything** – maintain contemporaneous records, invoices, receipts, and correspondence. 7. **Conduct due diligence on vessel ownership** – verify beneficial ownership structure before filing. 8. **Obtain caveat warrant search certificate** before filing arrest application. 9. **Coordinate with Sheriff's office** – keep substitute on standby, have pre-paid launch arrangement ready. 10. **Provide sufficient funds deposit** to Sheriff for custody expenses (?2,00,000 to ?10,00,000 depending on vessel size). ### 16.2 For Shipowners (Defendant) 1. **File a caveat against arrest** before a dispute arises (90 days validity, renewable). 2. **Upon arrest, apply for release** by providing security (cash deposit or bank guarantee – P&I LOUs are generally not accepted by courts). 3. **Apply for reduction of security** if it is excessive (court has power under Section 11(2)). 4. **Challenge jurisdiction** if there is no valid maritime claim or if vessel is outside territorial waters. 5. **Use a "without prejudice" deposit** to preserve defence rights. 6. **Apply for stay of arrest** if claim is frivolous or security already exists. 7. **Apply for counter-security** from claimant if vessel's arrest is causing irreparable harm disproportionate to the claim. 8. **Maintain open communication with claimant** to negotiate settlement and minimize detention duration. 9. **Provide security promptly** – each day of detention results in substantial commercial losses (charter hire, port dues, crewing costs). ### 16.3 For Auction Purchasers 1. **Section 8 guarantees clean title** free of all encumbrances, liens, attachments, registered mortgages, and charges. 2. **Conduct physical inspection** with naval architect or marine engineer. 3. **Verify environmental hazards** – Inventory of Hazardous Materials (IHM), asbestos, HBM. 4. **Check for unpaid port dues** (though generally extinguished by judicial sale). 5. **Verify vessel's registration** and deletion certificate. 6. **Check for pending appeals** or caveats. 7. **Obtain sale confirmation order** and delivery order from court. 8. **Arrange for new crew and insurance** effective from time of delivery. 9. **Prepare for flag transfer** – sale order is sufficient evidence of change of ownership. 10. **Consider GST implications** – auction purchase may attract GST as supply of goods unless exemption applies. ### 16.4 For Cargo Owners 1. **Arrest of a ship does NOT automatically arrest cargo** – discharge normally continues. 2. **If cargo is arrested**, apply to court for release upon provision of security. 3. **Conduct a joint survey** upon delivery to preserve evidence. 4. **Give timely notice of claim** – within three days for non-apparent damage. 5. **File suit within limitation period** – one year under COGSA (extendable by up to three months). 6. **Preserve all documentation** – bills of lading, invoices, packing lists, survey reports. ### 16.5 For Legal Practitioners **Pre-Arrest Checklist:** 1. Verify maritime claim falls within Section 4 2. Obtain caveat warrant search certificate from registrar 3. Prepare affidavit leading to warrant stating nature of claim and that it remains unsatisfied 4. If foreign vessel, give notice to consul (if resident) or state absence 5. Request judge for order of arrest or warrant; if urgency, seek dispensation of warrant 6. Coordinate with Sheriff's office for execution 7. If vessel at distant port, file praecipe for telegraphic/email intimation to port and customs authorities 8. After arrest, monitor Sheriff's return of process within four days 9. If security offered, arrange for release 10. If no security provided, apply for directions for sale and distribution ================================================================================ ## 17. GLOSSARY OF ESSENTIAL TERMS | Term | Meaning | |------|---------| | **Action in rem** | Suit against the vessel itself as the defendant (the "res"). | | **Action in personam** | Suit against a person or legal entity personally liable. | | **Admiralty Marshal** | Court officer who executes warrants of arrest and takes custody (similar to Sheriff). | | **Arrest** | Detention or restriction on removal of a vessel by court order to secure a maritime claim. | | **Beneficial ownership** | Ultimate control and economic benefit, irrespective of legal title. | | **Caveat against arrest** | Notice filed to prevent ex parte arrest; valid for 90 days. | | **Caveat against release** | Notice to prevent release of arrested property. | | **Caveat against payment** | Notice to prevent disbursement of sale proceeds from court registry. | | **Certificate of Registry** | Ship's identity document; must be kept on board for lawful navigation. | | **Clean title** | Title free from all encumbrances, liens, attachments, mortgages, and charges (Section 8). | | **Demise charter** | Bareboat charter; charterer obtains possession and full control of vessel (owner pro hac vice). | | **Disbursements** | Legitimate expenditures advanced on behalf of a ship or its proprietors. | | **General average** | Voluntary sacrifice or expenditure for common safety; losses shared proportionately. | | **In personam** | Action against a person (shipowner, charterer, etc.) personally liable. | | **In rem** | Action against the vessel itself as a juridical entity. | | **Interlocutory sale** | Sale prior to completion of litigation and entering of judgment. | | **Maritime claim** | Claim arising from maritime activities as enumerated in Section 4. | | **Maritime lien** | Privileged claim attaching to vessel from moment claim arises, surviving changes of ownership. | | **Particular average** | Partial loss or damage to cargo caused by insured perils without general average act. | | **P&I Club** | Protection and Indemnity Club – mutual insurer for third-party liabilities. | | **Pilotage** | Compulsory or voluntary navigation of vessel by licensed pilot expert in local waters. | | **Possessory lien** | Right to retain possession until debt paid – lost upon voluntary surrender of possession. | | **Praecipe** | Written request to court registry (e.g., to enter a caveat). | | **Shipowner's lien** | Possessory lien over cargo for freight due, general average contribution, or salvage expenses. | | **Sheriff** | Court officer who executes warrants of arrest and takes custody. | | **Sister ship** | Another vessel under the same beneficial ownership. | | **Towage** | Employment of one vessel to expedite voyage of another. | | **Undertaking** | Unconditional promise made to court (breach = contempt). | | **Vessel** | Includes ship, boat, barge, lighter, hovercraft, offshore mobile unit, and sunken/stranded/abandoned vessel and remains (unless broken up beyond navigation use). | | **Warrant of arrest** | Court order authorising physical detention of a vessel. | ================================================================================ ## 18. STATUTORY LIMITATIONS AND TIME BARS | Claim / Instrument | Limitation Period | Source | |--------------------|-------------------|--------| | Maritime lien enforcement (general) | 1 year | Section 9(2) | | Maritime lien for crew wages | 2 years | Section 9(2) proviso | | General maritime claims (Limitation Act 1963) | 3 years from cause of action | Limitation Act, 1963 | | Cargo claim under COGSA 2025 (Hague-Visby) | 1 year (extendable up to 3 months) | COGSA 2025 | | Multimodal cargo claim against MTO | 9 months | MTOG Act 1993 | | Caveat against arrest / release / payment | 90 days (successive permitted) | Section 148A CPC | | Limitation of liability fund (LLMC) | As per Convention | Merchant Shipping Act Part X-A | | Abandoned vessel auction | 45 days (extendable 30 days) | Section 11(3) | | Sheriff's return of process | 4 days | Admiralty Rules | **Important Notes:** - The limitation period under Section 9(2) is a limitation on the existence and enforceability of the maritime lien itself, not merely a procedural bar. - For crew wage claims, the two-year period runs from the date the wages fall due or become payable. - Any period during which the vessel was under arrest or seizure is excluded from computation. - The equitable doctrine of laches also remains applicable and may bar claims even within statutory periods if there has been unreasonable and prejudicial delay. ================================================================================ ## 19. ENFORCEMENT OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS ### 19.1 Foreign Judgments - Foreign judgments from reciprocating territories are enforced under **Section 44A of the Code of Civil Procedure, 1908**. - A foreign judgment can be enforced in India only if it meets requirements outlined in **Section 13 CPC** (seven exceptions where foreign judgment will not be recognized). - Reciprocating territories include the United Kingdom, Singapore, and other common law jurisdictions. - Foreign judgment in rem may be recognized and enforced by Indian court if from reciprocating territory and satisfies Section 13 conditions. ### 19.2 Foreign Arbitral Awards - Enforced under **Arbitration and Conciliation Act, 1996** (Part II – New York Convention). - New York Convention awards are enforceable subject to limited public policy grounds. - The arrest of a vessel is available as security for a foreign arbitration claim, provided the underlying dispute is a maritime claim under Section 4. - The court may order arrest to obtain security for the arbitration claim. ### 19.3 Recognition of Foreign Admiralty Sales - Comity of courts may recognize a foreign admiralty sale. - For auction purchasers, it is essential that the sale is conducted by a court of competent jurisdiction and conforms to international conventions. - Section 8 of the Admiralty Act, 2017 provides clean title for sales under Indian High Courts. ================================================================================ ## 20. ENVIRONMENTAL CLAIMS AND LIABILITIES (Chapters 28 & 29) ### 20.1 Statutory Framework **Section 4(1)(u):** Claims for damage or threat of damage caused by the vessel to the environment, coastline, or related interests; measures taken to prevent, minimize, or remove such damage; compensation for such damage; costs of reasonable measures for the restoration of the environment actually undertaken or to be undertaken; loss incurred or likely to be incurred by third parties in connection with such damage. **Section 4(1)(v):** Costs for raising, removal, recovery, destruction, or rendering harmless of a wrecked, stranded, abandoned, or sunken vessel, and the preservation of an abandoned vessel and its crew. **Section 9(4):** Excludes maritime liens for oil/hazardous substance claims where compensation is payable under any law (e.g., Bunker Convention after ratification). ### 20.2 International Conventions on Environmental Liability | Convention | India Status | Scope | |------------|--------------|-------| | CLC 1992 | Ratified | Liability of shipowners for oil pollution damage; compulsory insurance | | Fund Convention 1992 | Ratified | Supplementary compensation fund financed by oil receivers | | Bunker Convention 2001 | **Ratified (2026)** | Liability for bunker oil pollution damage; direct action against insurers | | Nairobi Wreck Removal Convention 2007 | Signatory | Prompt and effective removal of hazardous wrecks; compulsory insurance | | HNS Convention 1996 | Not yet ratified | Liability for hazardous and noxious substances – REMAINING GAP | | MARPOL 73/78 | Ratified | Prevention of pollution from ships (oil, chemicals, sewage, garbage, air) | | Ballast Water Management Convention 2004 | Ratified | Control and management of ships' ballast water and sediments | | Hong Kong Convention 2009 | Being implemented | Safe and environmentally sound recycling of ships | ### 20.3 MSC ELSA-3 Disaster (2025) – Watershed Event **Facts:** - Liberian-flagged container vessel capsized 38 nautical miles off Kochi on May 25, 2025 - Length 184 meters; 643 containers including 13 hazardous substances (calcium carbide) - 60 containers with billions of plastic nurdles; 84 MT diesel; 367 MT furnace oil - All 24 crew rescued; 46 containers washed ashore across three coastal districts of Kerala **Legal Developments:** - Kerala High Court ordered MSC to pay ?1,200 crore towards environmental damage and community financial losses - Court held that even if sinking occurs outside territorial waters, if pollution has effect inside territorial waters or causes threat to territorial waters, State is competent to sue on maritime claim arising therefrom - Threat of pollution in EEZ affecting territorial waters is actionable maritime claim under Section 4(1)(u) **Gaps Exposed:** - Lack of Bunker Convention ratification (now rectified – ratified 2026) - Lack of HNS Convention ratification (still pending) - Inadequate oil spill contingency plan implementation - Delayed government response - Lack of public communication about risks ### 20.4 Bunker Convention Ratification (2026) – Key Provisions - Ensures adequate, prompt, and effective compensation for damage caused by spills of oil when carried as fuel in ships' bunkers - Territorial jurisdiction extends to territorial sea and exclusive economic zones - Applies to Indian vessels wherever situated and to foreign flag vessels while within Indian jurisdiction - Registered owner of every vessel above 1000 GT must maintain compulsory insurance cover - Claims for pollution damage may be brought directly against insurers - Every ship must carry certificate evidencing insurance or other financial security ### 20.5 Polluter Pays Principle and Precautionary Principle **Polluter Pays Principle:** Those responsible for pollution should bear costs of managing it to prevent damage to human health or environment. Indian courts have interpreted this as requiring not only compensation for actual environmental damage but also deterrent penalties to discourage future violations. **Precautionary Principle:** Proactive measures to prevent environmental harm, even when scientific evidence of potential harm is not conclusive. Supports arrest of vessels based on threatened environmental damage, even if precise timing, severity, or nature of damage cannot be predicted with certainty. ================================================================================ ## 21. PROFESSIONAL FEES AND ENGAGEMENT ### 21.1 Billing Rates (Valid until 2028) **Professional Fees for Ship Arrest or Release (Anywhere in India):** | Component | Amount | |-----------|--------| | Professional Fees (flat fee) | USD 1,850 | | Institution/Court Fees | As per applicable High Court regulations | | Counsel/Associate Fees | Variable, depending on level | | Traveling and Other Expenses | Actual cost basis | | Launch Hire | Applicable if vessel at anchorage | | Court Departmental Expenses | Actual cost basis | | Photocopying and Miscellaneous | Actual cost basis | **Note:** Item A (Professional Fees) covers period up to filing of admiralty suit, application for ship arrest, court appearances, and completion of service for order or warrant of arrest. ### 21.2 Fees Beyond Initial Arrest - Standard calculation methodology: **USD 180 per hour** + actual disbursements - Stage-wise lump sum fees also available ### 21.3 Ship Release - Professional charges: **USD 207 per hour** + actual disbursements - Stage-wise lump sum fees also available ### 21.4 Shipping Arbitration - Charges: **USD 207 per hour** + actual disbursements - Stage-wise lump sum fees available ### 21.5 Payment and Security - Detailed computation of fees and expenses provided - Accountable advance payment required before work commences - Billing rates calculated in USD, GBP, EUR, or INR depending on client requirements - For suit claim, approximately USD 18,000 is included in claim amount and sought from opponent towards legal costs ### 21.6 Power of Attorney - Required to initiate filing of suit - Format provided upon confirmation of firm's appointment ### 21.7 Team Involvement - At least one solicitor works on the case - Additional lawyers, paralegals, and associates involved at no additional cost - Dedicated lead partner oversees, coordinates, and ensures effective fulfillment of client needs ================================================================================ ## 22. AUTHORS AND LEGAL PRACTITIONERS ### 22.1 Dr. Shrikant Pareshnath Hathi **Qualifications:** - BCom, LL.B., LL.M. - Solicitor (India & United Kingdom) - Ph.D - Advocate Bombay High Court - Solicitor, Bombay Incorporated Law Society - Advocate, Supreme Court of India - Advocate on Record, Supreme Court of India - Solicitor, England and Wales (Practising) **Practice Since:** 1992 **Expertise:** - Admiralty and Shipping - Projects - Insurance and P&I Clubs - Shipping Arbitration and Litigation **Contact:** - Email: shrikant@brus.in - Mobile: +91-9769946865 **Professional Achievements (2023-24):** - Ranked by Legal500 in the Hall of Fame for shipping work in India - President of Shippinglawyers.NET - President of Worldlawyers.NET - Ranked by Euromoney Expert Guides as World Leading Lawyer for oil and natural resources - Ranked by Euromoney Expert Guides as World Leading Lawyer for shipping and maritime - Awarded by India Business Law Journal as the best shipping lawyer - Ranked by Asia Law Profiles as Leading Lawyer for shipping work - Ranked by Asia Law Profiles as Leading Lawyer for oil and natural resources - Ranked by Global Law Experts for shipping work in India ### 22.2 Ms. Binita Hathi **Qualifications:** - BCom, LL.B., LL.M. - Solicitor (India) - Advocate Bombay High Court - Solicitor, Bombay Incorporated Law Society - Advocate, Supreme Court of India - Advocate on Record, Supreme Court of India **Practice Since:** 1994 **Expertise:** - Admiralty and Shipping - Litigation and Arbitration - Projects and Infrastructure - Insurance and P&I Clubs **Contact:** - Email: binita@bruschambers.com - Telephone: +91-22-22659969 - Mobile: +91-9769946864 - Fax: +91-8097615945 ### 22.3 BRUS CHAMBERS, Advocates & Solicitors **Address:** 8, Rajabahadur Mansion, 3rd Floor, Ambalal Doshi Marg, Behind BSE, Fort, Mumbai 400001, India **Offices:** Mumbai (3 offices), New Delhi, and associated offices at Port and Capital Cities in all States of India, New York, New Jersey, Missouri, London, and Bradford **Firm Ranking:** Consistently ranked as Tier 1 for shipping work in India by Legal500 (since 2010), Shrikant Hathi listed in Legal500 Hall of Fame. ================================================================================ ## 23. COMPLETE CHAPTER SUMMARIES (PART I TO PART IV) ### PART I – JURISDICTION IN ADMIRALTY **Chapter 01: History and Admiralty Jurisdiction of the High Courts** - Early history from Recorder's Court (1798) to modern Admiralty Act 2017 - Statutory jurisdiction under Indian High Courts Act 1861 and Letters Patent - Colonial Courts of Admiralty Act 1890 and 1891 - Constitutional continuity under Article 372 - Landmark M.V. Elisabeth v. Harwan Investment (1993) - Admiralty Act 2017 – enactment, features, and repeal of colonial statutes - Extension of admiralty jurisdiction to coastal High Courts - Maritime claims under Section 4 - Vessel arrest and release procedures - Priority of maritime liens under Section 9 **Chapter 02: Admiralty Courts in India** - Historical evolution from Recorder's Court 1798 to modern framework - Courts with admiralty jurisdiction: Bombay, Calcutta, Madras, Gujarat, Odisha, Telangana, Andhra Pradesh, Kerala, Karnataka - Concurrent and territorial jurisdiction - Extending jurisdiction beyond territorial waters to EEZ - Scope of admiralty jurisdiction under 2017 Act - Importance for India's maritime sector **Chapter 03: Specific Jurisdiction and Jurisdiction in Admiralty** - Concept of specific jurisdiction as court of specific jurisdiction - Section 3 vesting authority in High Courts - Territorial nexus requirement - Judicial sovereignty and administration of admiralty justice - Section 4(1) maritime claims enumeration - Sister ship arrest (Section 5(2)) - Applicability and exclusions (inland vessels, warships, non-commercial vessels) - Action in rem and ship arrest - Custody, preservation, and contempt **Chapter 04: Exercise of the Admiralty Jurisdiction** - Statutory basis – not inherent jurisdiction - Section 5 and 6 modes of exercise - Action in rem (against the ship) - Action in personam (against the person) - Peripatetic nature of ships and international jurisdictional reach - Perpetuatio jurisdictionis (jurisdiction after ship sails) - Purpose of ship arrest – conservatory, not punitive **Chapter 05: In Rem and Personam Actions** - Action in rem – against the res (vessel as defendant) - Action in personam – against the person - Statutory conditions for in rem (Section 5) - Sister ship arrest (Section 5(2)) - In personam jurisdiction (Section 6) - Restrictions for collision and personal injury (Section 7) - Procedural safeguards, wrongful arrest, and liability for damages - Inherent powers of High Courts **Chapter 06: Order of Priority of Maritime Claims** - Section 10 three-tier priority: maritime liens, registered mortgages, all other claims - Equality within categories (Section 10(2)(a)) - Inverse order for salvage claims (Section 10(2)(b)) - Comparative maritime perspectives - Strategic implications for shipowners and lenders - International harmonization with 1993 MLM Convention **Chapter 07: Maritime Claims and Analysis** - Section 4 exhaustive list of maritime claims - Enforcement by action in rem - Section 5 conditions for arrest - Sister ship constraints - Section 6 in personam and Section 7 restrictions - Maritime liens and Section 9 priorities - Section 10 priority of claims - Limitation periods (one year/two years) - Conflict between municipal law and international conventions - Supreme Court observations in M.V. Sea Success **Chapter 08: Maritime Lien and Analysis** - Definition and legal nature of maritime lien - Five categories under Section 9(1) with inter se priority - Proprietary nature and inchoate character - Duration and extinguishment (Section 9(2)) - Reverse priority rule for salvage - Exclusions (Section 9(4)) - Distinction from statutory rights in rem - Enforcement through arrest and forced sale - Comparison with general civil law liens - Practical implications for ship arrest practitioners **Chapter 09: Title, Possession, Ownership, Employment or Earnings of a Ship** - Fourfold purpose of Admiralty Court jurisdiction - Section 4(1)(a) and (b) – possession and co-ownership claims - Master as custodian (not bailee) - Remedies for wrongful detention - Co-owner protections and accounts examination - Ship employment and earnings disputes - Modern procedural innovations (e-filing, digital registries) - Summary judgment and interim possession - Security for release and counter-security - Cross-border recognition of foreign judgments **Chapter 10: Mortgage or a Charge** - Nature of vessel mortgage as proprietary interest - Section 4(1)(c) – mortgage claims - Creation, perfection, and registration under Merchant Shipping Act 1958 - Enforcement through arrest and judicial sale - Priority of claims: maritime liens > mortgages > unsecured claims - Intersection with Insolvency and Bankruptcy Code 2016 - Comparative perspectives: UK, USA - Practical considerations for mortgagees - Green shipping and alternative financing **Chapter 11: Loss or Damage done by any Ship** - Section 4(1)(d) – claims for damage caused by vessel operation - Maritime lien arises for damage claims - Historical case law: The Clara Killam, The Energy, The Batavier, The Vera Cruz - Modern interpretations: The Vinalines Pioneer (2016) - Indian case law: VSNL v. Kapitan Kud - Direct damage (collisions, allisions) and indirect damage (wash, wake) - Damage to submarine cables, pipelines, offshore infrastructure - Enforcement through action in rem - Evidence, burden of proof, and expert testimony - Defenses available to vessel owner - International conventions and harmonization **Chapter 12: Loss of Life or Personal Injury** - Section 4(1)(e) – claims for loss of life or personal injury - Section 9(1)(b) – maritime lien with second highest priority - Filing an admiralty suit for personal harm - Sister ship arrest under Section 5(2) - Valuation of compensation claims - Evidence submission requirements - High Court adjudicatory role - Limitation period: one year (Section 9(2)) - Merchant Shipping Act 2025 updates - Limitation of liability by shipowners - Two-year limitation for wage claims **Chapter 13: Loss or Damage to or in connection with any Goods** - Section 4(1)(f) – cargo claims - Jurisdictional scope and vessel arrest - Carriage of Goods by Sea Act 2025 (Hague-Visby Rules) - Notice requirements (three days for non-apparent damage) - Limitation period: one year (extendable by up to three months) - Burden of proof allocation - Inherent vice, perils of sea, and nautical fault defences - Seaworthiness and due diligence obligations - Limitation of liability (666.67 SDR per package or 2 SDR per kg) - Himalaya Clause - Electronic bills of lading - Multimodal transport and MTOG Act 1993 - General average and particular average - Dangerous goods and special cargo **Chapter 14: Claims relating to Cargo or Passenger on board and Contract of Affreightment** - Section 4(1)(f) and (g) – cargo, passenger, and affreightment claims - Historical legislative journey from 1861 Act - Action in rem and offending vessel requirement - Domicile of shipowner as jurisdictional limitation (Section 5(3)) - Action in personam as alternative remedy - Charterer involvement (direct and indirect liability) - Extension beyond goods "carried into India" - Carriage of Goods by Sea Act 1925 (Hague Rules) - Bill of lading as document of title - Passenger claims under admiralty jurisdiction - Contracts of affreightment definition and scope - Procedural aspects: arrest, security, release - Recent legislative and policy developments (2025-2026) **Chapter 15: Use or Hire of any Ship** - Section 4(1)(h) – charter party claims - Voyage charter, time charter, trip time charter, bareboat charter - Contract of Affreightment (COA) - Laytime, demurrage, despatch - Electronic bills of lading and BIMSO clauses - Maritime arbitration (LMAA, SIAC) - Ship arrest as security for chartering claims - Environmental regulations and green chartering - P&I Clubs and insurers in chartering disputes - Recent developments 2025-2026 **Chapter 16: Salvage** - Three cardinal requirements: marine peril, voluntary service, success - Maritime lien for salvage (Section 9(1)(c)) - Reverse priority rule for salvage (later salvage paid first) - Admiralty Act 2017 Section 4(1)(i) - Merchant Shipping Act 1958 Section 402 - Nairobi Convention 1989 (Salvage Convention) - Special compensation for environmental protection (Article 14) - Lloyd's Open Form (LOF) and SCOPIC clause - Salvage agreements and arbitration - Apportionment among multiple salvors - Limitation period: one year (Section 9(2)) - Practical challenges in salvage litigation **Chapter 17: Towage** - Section 4(1)(j) – towage claims - Ordinary towage vs. extraordinary towage - Types: deep sea towage, coastal and river towage, harbor towage - Towage contracts and implied obligations - Demarcation between towage and salvage (Article 17 of Salvage Convention) - Remedies, liens, and in rem proceedings - Liability, negligence, and limitation of liability (LLMC) - Insurance and risk management - Distinction from pilotage - Recent operational and regulatory developments **Chapter 18: Pilotage** - Section 4(1)(k) – pilotage claims - Compulsory pilotage and navigational safety - Pilot qualifications, licensing, and professional standards - Duty of care and professional responsibility - Pilot negligence: elements and legal consequences - Limitation of liability for pilots - Port authorities and administrative oversight - Ship arrest as remedy in pilotage disputes - Maritime liens for pilotage dues (Section 9(1)(d)) - Salvage operations and pilotage intersections - Collision liability and pilot involvement - Emergency towing and port refuge - Environmental protection dimensions **Chapter 19: Supplies or Services rendered to any Ship** - Section 4(1)(l) – supplies and services claims - Expansive scope: fuel, provisions, repairs, equipment, port charges, waste management, communications, agency services - Maritime jurisdiction over supply claims - Action in rem enforcement - Sister ship arrest provisions - Security for claims and release mechanisms - Judicial trends in environmental and crew claims - Priority of claims and maritime liens - Contractual clarity and dispute avoidance - Jurisdictional challenges in cross-border transactions - Time limitations (three years) - International conventions and harmonization - Risk management strategies for suppliers - Practical guidance for maritime suppliers **Chapter 20: Construction, Repair or Equipment of any Ship** - Section 4(1)(m) – construction, repair, and equipment claims - Possessory lien for repairers - Modular construction and AI integration - Indian shipbuilding growth and global ambitions - Classification societies and certificates - Ship repair contracts and emergency work - Equipment supply and maritime liens - Legal nuances: arrest, release, undertakings - International standards and environmental compliance - Economic significance and future outlook - Navy shipbuilding and sovereign immunity **Chapter 21: Port, Harbour, Canal, Dock, Tolls, Waterway Charges and Dues** - Section 4(1)(n) – port and waterway dues - Definition: berthing charges, pilotage fees, towage, mooring, wharfage, demurrage, ground rent, container detention, light dues, canal tolls - Major Port Authorities Act 2021 (repealed MPT Act 1963) - TAMP adjudicatory functions - Ship arrest as premier enforcement mechanism - International port dues and admiralty jurisdiction - Constitutional dimensions and fairness (Article 14) - Procedure for arrest of vessel for port dues/canal tolls - Strategic considerations for port authorities and shipping lines - Future outlook and harmonization with international maritime law **Chapter 22: Wages (Seafarer Claims)** - Section 4(1)(o) – crew wage claims - Dual remedy: action in personam and action in rem - Expansive scope: base salary, overtime, repatriation costs, social insurance contributions - Priority of wage claims – highest maritime lien (Section 9(1)(a)) - Limitation period: two years (Section 9(2) proviso) - Nature, creation, and extinguishment of maritime liens for wages - Sister ship arrest (Section 5(2)) - Procedural steps for arresting vessel for unpaid wages - Practical considerations and strategic insights - Letters of Undertaking (LoUs) from P&I Clubs - Manning agents and joint liability - Defences available to shipowners **Chapter 23: Disbursements** - Section 4(1)(p) – disbursement claims - Definition and expansive scope - Master's personal liability and exclusive standing - Detailed accounts requirement - Evidentiary imperative for documentation - Impact on maritime creditor behavior - Comparative analysis with international admiralty regimes - Recent 2026 developments (MV Nikator) - Maritime arbitrators for disbursement conflicts - Arrest Convention 1999 alignment - Procedural anatomy of arrest for disbursements - Technology and transformation of disbursement management - Environmental compliance costs as emerging disbursement claims **Chapter 24: General Average or Average** - Section 4(1)(q) – general average claims - Essential criteria: extraordinary, intentional, perilous situation, common adventure benefit, reasonable - York-Antwerp Rules (2016 version, ongoing revisions) - Shipowner's possessory lien on cargo - General Average Bond and General Average Deposit - Actionable fault defence (York-Antwerp Rule D) - Average adjusters role - Distinction between general average and particular average - Security requirements and consignee's position - Maritime arbitration for general average disputes - International conventions (Hague-Visby Rules, Rotterdam Rules) - Contemporary challenges (ultra-large container vessels, environmental considerations) - Future reforms and digital adjustment **Chapter 25: Dispute under Contract for the Sale of Vessel** - Section 4(1)(r) – vessel sale contract disputes - Buyer protection and Clause 9 of Sale Form 1993 (warranty vs. condition) - Two-step termination procedure for buyer's right to cancel - Seller's possessory lien and rights of resale - Buyer's remedies for non-delivery and delayed delivery - Seller's duty of delivery and contractual compliance - Misrepresentation and pre-contractual statements - International perspectives and choice of law (English law vs. UCC) - Practical due diligence and pre-purchase investigations - Arrest of vessel as security in sale disputes - Damages for breach of vessel sale contract - Force majeure and frustration - Specific performance of vessel sale contracts - Evolving jurisprudence and future developments **Chapter 26: Insurance Premium** - Section 4(1)(s) – insurance premium and mutual insurance calls - P&I Clubs and mutual insurance model - Traditional insurance vs. mutual P&I structure - Mechanism of calls in P&I Clubs (advance call, supplementary call, release call) - Scope of risks covered - Legal recourse for unpaid premiums and calls - Financial stability of P&I Clubs - Operational risk management for shipowners - Responsibilities of demise charterers - War risks and geopolitical instability - Supplementary calls and unpredictability - Strategic insurance planning and legal compliance - Role of legal practitioners in maritime insurance disputes - Dispute resolution mechanisms - International conventions and Indian municipal law **Chapter 27: Commission, Brokerage or Agency Fees** - Section 4(1)(s) – commission, brokerage, and agency fees - Types: commission fees (sale and purchase, charterparty), brokerage fees, agency fees (port services) - Legal characterization and commercial context - Maritime liens vs. statutory rights in rem - Arrest of vessels for unpaid fees - Sister ship arrests and associate ships - Demise charterers and liability for fees - Contracts and documentation requirements - Security for release: bank guarantees and cash deposits - International perspective: UK, USA, Australia - Practical considerations for brokers and agents - Wrongful arrest and liability for damages - Role of assessors in admiralty proceedings - Priority of claims and distribution of proceeds - Digitalization and future of admiralty practice **Chapter 28: Damage or Threat to Environment** - Section 4(1)(u) – environmental damage claims - Scope: damage to environment, coastline, or related interests - Preventive measures, compensation, restoration costs, third-party losses - Merchant Shipping Act 2025 updates - International conventions: CLC 1992, Fund Convention, Bunker Convention, MARPOL - Polluter Pays Principle and Precautionary Principle - Arrest of ships for environmental damage - MSC ELSA-3 disaster (2025) – watershed event - Tar Balls Management Rules 2026 - National Oil Spill Disaster Contingency Plan (NOSDCP) - Future directions: HNS ratification, national spill fund **Chapter 29: Environment; Cost or Expenses relating to Wrecked, Stranded, Abandoned and Sunken Ship** - Section 4(1)(v) – wreck removal and abandoned vessel costs - Section 9(4) – exclusion of maritime liens for oil/hazardous substance claims - Section 11(3) – 45-day auction mandate for abandoned vessels - 1993 Maritime Liens and Mortgage Convention (Article 12(4)) - Bunker Convention 2001 ratification (2026) – turning point - Wreck Removal Convention 2007 – India signatory - HNS Convention 1996 – remaining gap - MSC ELSA-3 disaster case study - Tar Balls Management Rules 2026 - Financial responsibility and priority of public authority costs - Abandonment distinction (crew abandonment vs. owner abandonment) - Role of High Court and judicial oversight - Comparative analysis with international standards - Future directions: HNS ratification, national spill fund **Chapter 30: Forfeitures** - Merchant Shipping Act 1958 Sections 33, 35, 68, 69 - Section 33: Central Government power to inquire into title of Indian ship - Section 35: custody and lawful use of Certificate of Registry - Section 68: detention of ships – grounds and procedure - Section 69: forfeiture for specific offences - DGS Order No. 01 of 2026 (age norms) - Bharatiya Nyaya Sanhita 2023 Section 328 (intentional grounding) - Interaction with Customs Act and other laws - Beneficial ownership and anti-money laundering - Strategic use of forfeiture by government agencies **Chapter 31: Publicly Owned Ship and Foreign State Owned** - Section 2(1)(i) exemptions: warships, naval auxiliaries, non-commercial government vessels - Sovereign immunity (restrictive theory) - Commercial use exception - Central Government consent for foreign state-owned vessels - UN Convention on Jurisdictional Immunities of States and Their Property 2004 - Bharat Maritime Insurance Pool (April 2026) - Liability for pollution and environmental damage by state-owned vessels - Diplomatic protests and international comity - Waiver of sovereign immunity (express and implied) - Enforcement of foreign judgments and arbitral awards against state-owned vessels - Comparative overview: UK, USA, Singapore **Chapter 32: Auction Sale of an Arrested Vessel and Buyers Right** - Section 8 – clean title for auction purchaser - Pre-auction procedures (Sections 8-11) - Auction process (Sections 11-12) - Post-auction procedures (Sections 11-13) - Interlocutory sale conditions (perishable, deterioration, excessive costs) - Distribution of proceeds priority - Rights and liabilities of auction purchasers - Environmental compliance and green ship recycling - Flag state approval and change of registry - International perspectives: USA and UK - Challenges to judicial sale - Electronic auctions and post-COVID adaptations - Checklist for auction purchasers **Chapter 33: Ship and Sisterships** - Section 2(1)(l) – definition of "vessel" - Section 5(2) – sister ship arrest - Beneficial ownership as cornerstone of sister ship determination - Temporal requirements for beneficial ownership - Dead vessel doctrine (distinguishing live ships from dead vessels) - Associated ships and piercing the corporate veil - Judicial trends on associated ships in India - Comparative analysis: South Africa, Australia - Strategic considerations for claimants - Evidentiary preparation and discovery of beneficial ownership - Timing and urgency - Quantum of security and release of arrested vessel - Risks and liabilities for wrongful arrest **Chapter 34: Claimants Undertaking to Court** - Section 11(1) – unconditional undertaking requirement - Two scenarios for claimant liability: (a) wrongful or unjustified arrest; (b) excessive security demanded and provided - Deterring frivolous claims - Protection of vessel owners and maritime commerce - Judicial efficiency and case management - Equity and fairness - Section 11(2) – reduction, modification, or cancellation of security - Section 11(3) – 45-day auction for abandoned vessels - Procedural mechanics of filing undertaking - Content and drafting of undertaking affidavit - Judicial discretion in determining undertaking terms - Enforcement and remedies for breach - Practical strategies for compliance and risk management - International comparisons (UK, Singapore, South Africa) **Chapter 35: Arrest of a Ship** - Purpose of ship arrest: security, jurisdiction, enforcement - Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 - Arrest procedure under Indian High Court Admiralty Rules - Action in rem and the ship as a juristic person - Security for release: bail bond, deposit, or bank guarantee - Wrongful arrest and damages - Comparative analysis: common law vs civil law systems - Detailed breakdown of maritime claims (Section 4) - Vesting of title on judicial sale: clean title - Priority of claims under Section 10 - Practical implications for vessel owners and operators - Caveat against arrest - Foreign consular notice for arrests of foreign flagged vessels - Abandonment of vessel after arrest and auction timeline - Jurisdiction in personam and restrictions (Sections 6 & 7) - Appeals and transfer of proceedings - Role of assessors under Section 13 **Chapter 36: International Convention for Arrest of Ships** - Geneva Convention 1999 full text and commentary - Articles 1-6 (definitions, arrest powers, exercise of right of arrest, release, rearrest, protection) - India not signatory but principles adopted by Supreme Court - Admiralty Act 2017 alignment with Convention - Practical application of arrest provisions in Indian courts (2025-2026 updates) - Procedural steps for arrest and release under Indian law - Comparative analysis: Brussels 1952 vs Geneva 1999 vs Indian Admiralty Act 2017 - Maritime liens and interaction with arrest conventions - Emerging trends and future developments **Chapter 37: Caveat Against Arrest** - Section 148A CPC – statutory framework - Procedure for filing praecipe - Caveat Warrant Book - Validity: 90 days (successive caveats permitted) - Deterrent against unwarranted arrest - International Convention on Arrest of Ships 1999 (Articles 2, 3, 4, 5, 6) - Practical considerations for ship owners - Notice requirements and inter-party communication - Relationship between caveat and other admiralty procedures - Role of legal practitioners - Economic and commercial dimensions - Future developments and reform trajectories - Rights and obligations under the caveat framework **Chapter 38: Execution of arrest warrant** - Role of Sheriff of Mumbai or Admiral Marshal - Dispensation of warrant – direct service of order - Service on port agent, port and customs authorities - Financial deposits and undertakings to Marshal - Freight cannot be arrested separate from ship or cargo - Sale of cargo under arrest to pay freight from proceeds - Notification to customs and harbour authorities - Direct service of orders by High Courts - International Convention for the Arrest of Ships 1999 **Chapter 39: Sheriff or the Marshal** - Statutory foundation (Sections 3, 4, 5, 9, 16) - Execution of process: Judge's Order vs Warrant of Arrest - Return of process within four days - Custody, preservation, and interference (contempt of court) - Arrest of cargo and independent actions - Application for directions and reporting - Valuation, sale, and proceeds - Security, release, and caveats - Notice to foreign consuls - Contempt and consequences of interference - Comparative and international context - Practical guidance for legal professionals - Future outlook and reforms **Chapter 40: Property (Ship) under arrest and its effect** - Security in custody – core legal effect - Insolvency of owner cannot defeat security - Custody vs. possession (Lord Atkin in Arantzazu Mendi) - Interference as contempt of court - Scope of arrest warrant (ship and appurtenances, not personal property) - Cargo arrest vs. ship arrest distinction - Exception for salvage claims - Court's inherent jurisdiction for port disruption - Preservation and safe custody duties - Insolvency and arrested property (IBC 2016 interface) - Secured creditor status and maritime liens - Sister ship arrest and beneficial ownership - Enforced sale of arrested ship: procedure and effect - Legal framework: Admiralty Act 2017 and UNCLOS - Recent developments and judicial trends (2025-2026) ### PART III – NOTES & SUMMARY (Selected Chapters) **Notes & Summary 01: Rearrest and Multiple Arrest** - A ship may be rearrested for a valid claim after release - Sister ship arrest permitted in lieu of offending vessel (subject to Section 4(1)(a) proviso) **Notes & Summary 02: Jurisdiction after the ship has sailed** - Perpetuatio jurisdictionis principle - Once suit filed and arrest order obtained, jurisdiction retained even if ship sails - Vessel can be arrested upon return **Notes & Summary 03: Jurisdiction before the arrival of the ship** - At filing, ship must already be within Indian territorial waters or jurisdiction of that state - Court may order arrest of any vessel within its jurisdiction to provide security **Notes & Summary 04: Trading of a ship under arrest** - Trading of arrested ship dilutes arrest order - Ship under arrest comes into custody (not possession) of Sheriff or Marshal **Notes & Summary 05: Recognition and Enforcement of Judgments** - Arrest includes seizure of vessel in execution or satisfaction of judgment or order - Ship can be arrested for recognition and enforcement of judgments or order **Notes & Summary 06: Same Cause of Action and between the same parties** - If proceedings involving same parties and same cause action already initiated elsewhere, court will dismiss suit **Notes & Summary 07: Forum Non-Conveniens** - Courts may refuse jurisdiction where more appropriate forum available - Applied sparingly; plaintiff's choice given significant weight **Notes & Summary 08: Foreign government ship** - Property of foreign government not in use or intended for use for commercial purpose cannot be arrested - Consent of Central Government required to proceed against vessel and its owners **Notes & Summary 09: Ship for demolition** - Vessel ceases to be vessel when broken up beyond navigation use (certified by surveyor) - No admiralty jurisdiction – no res **Notes & Summary 10: Indian courts having admiralty jurisdiction** - Bombay, Calcutta, Madras, Gujarat, Hyderabad Telangana, Karnataka, Kerala, Odisha **Notes & Summary 11: Recognition and Enforcement of Arbitral Awards** - Arrest includes seizure of vessel in execution or satisfaction of judgment or order - Ship can be arrested for recognition and enforcement of arbitral awards **Notes & Summary 12: Beneficial Owner** - One recognized in equity as owner of something because use and title belong to that person - Essence of beneficial ownership is control, not legal title **Notes & Summary 13: Stopping the judicial sale of a ship** - Prior to sale being concluded, if claimant's claim satisfied, sale will not proceed on written notice **Notes & Summary 14: Sale proceeds of the property or ship, sold by court** - On sale, proceeds invested in nominated bank account, transferred to designated bank account of High Court **Notes & Summary 15: Tramp ship** - Ship engaged in tramp trade – no fixed schedule or published ports of call **Notes & Summary 16: Seafarer's rights on unpaid wages** - Crew can invoke admiralty action and arrest ship for unpaid wages - Crew claims have priority over other claims **Notes & Summary 17: Is India a better forum for Ship Arrest?** - Admiralty jurisdiction can be invoked for any Section 4 claim - Admiralty suit can be filed when ship is in Indian territorial waters (12 nautical miles) **Notes & Summary 18: Charter Parties** - Charter party: highly standardized written document for hiring vessel capacity **Notes & Summary 19: Recognition and Enforcement of Foreign Judgments and Awards in India** - Foreign judgment enforceable under Section 13 CPC (seven exceptions) - Foreign arbitral awards under New York Convention enforceable **Notes & Summary 20: Cargo Claims in India** - COGSA outlines core principles for cargo claims against carriers **Notes & Summary 21: Marine Casualty in India** - Governed by Merchant Shipping Act 1958 and international conventions **Notes & Summary 22: Shipping Contracts in India** - Charter parties, bills of lading, contracts of affreightment **Notes & Summary 23: Maritime Laws** - Admiralty Act 2017, Merchant Shipping Act 1958, COGSA 1925/2025, Marine Insurance Act 1963 **Notes & Summary 24: Critical Examination of the Reasons for the Underutilization of Coastal Shipping in India** - Transportation system stress; potential for coastal shipping expansion **Notes & Summary 25: Prima Facie Case and Best Arguable Case** - Prima facie case: set of facts sufficient to entitle claimant to legal remedy if unchallenged **Notes & Summary 26: Letter of Undertaking from a P&I Club – Inadmissibility as Security** - P&I Club LOUs generally not accepted as security for release of vessel under Admiralty Act 2017 **Notes & Summary 27-49: Analysis of Section 4(1)(a) through (w)** – Detailed analysis of each maritime claim category **Notes & Summary 50: The term Vessel as defined under the Admiralty Act, 2017** – Section 2(l) definition **Notes & Summary 51: The term territorial waters as defined** – Section 2(k) – 12 nautical miles **Notes & Summary 52: Judicial Sale of Vessels** – Section 5(1) jurisdiction **Notes & Summary 53: The Arrest of Vessels in Rem** – Section 5(1) **Notes & Summary 54: Admiralty jurisdiction in personam** – Section 6 **Notes & Summary 55: The Definition and Implications of "Arrest"** – Section 2(1)(c) **Notes & Summary 56: Vesting of rights on sale of vessels** – Section 8 **Notes & Summary 57: Inter se priority on maritime lien** – Section 9 **Notes & Summary 58: Order of priority of maritime claims** – Section 10 **Notes & Summary 59: Protection of owner, demise charterer, manager or operator or crew of vessel arrested** – Section 11 ### PART IV – RULES, CONVENTIONS, ACTS, ORDERS, LANDMARK CASES, GLOSSARY AND MISCELLANEOUS **Appendix 01:** Bombay High Court Rules **Appendix 02:** Madras High Court Rules **Appendix 03:** The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (Full Text Summary) **Appendix 04:** Admiralty Court Act, 1861 (Repealed) **Appendix 05:** Admiralty Court Act, 1890 (Repealed) **Appendix 06:** Admiralty Court Act, 1891 (Repealed) **Appendix 07:** The Major Port Trust Act, 1963 **Appendix 08:** The Indian Ports Act, 1908 **Appendix 09:** The Indian Bills of Lading Act, 1856 **Appendix 10:** The York-Antwerp Rules, 2004 **Appendix 11:** The Multi Modal Transportation of Goods Act, 1993 **Appendix 12:** The Indian Carriage of Goods by Sea Act, 1925 **Appendix 13:** The Merchant Shipping Act, 1958 **Appendix 14:** Brussels Convention on Arrest of Ships **Appendix 15:** Geneva Convention on Arrest of Ships **Appendix 16:** Shipping Glossary **Appendix 17:** Frequently Asked Questions (FAQs) on Ship Arrest or Release ================================================================================ ## 24. ADMIRALTY RULES AND APPENDICES ### Bombay High Court Rules (Summary) - Rules for regulating procedure and practice in cases brought before Bombay High Court under Admiralty jurisdiction - Rule 941: Undertaking requirement for arrest - Rule 949: Appointment of Sheriff - Caveat Warrant Book maintenance - Return of process within four days - Service by affixation on mast ### Madras High Court Rules (Summary) - Rules for regulating procedure and practice in cases brought before High Court of Judicature at Madras exercising Admiralty jurisdiction - Similar provisions to Bombay High Court Rules ### The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 – Key Sections Summary - **Section 2:** Definitions (arrest, maritime claim, vessel, territorial waters, etc.) - **Section 3:** Admiralty jurisdiction of High Courts - **Section 4:** Maritime claims (23 categories) - **Section 5:** Action in rem – arrest of vessel - **Section 6:** Action in personam - **Section 7:** Restrictions on in personam jurisdiction (collision, personal injury) - **Section 8:** Vesting of rights on sale of vessel (clean title) - **Section 9:** Maritime liens (5 categories with inter se priority) - **Section 10:** Order of priority of maritime claims - **Section 11:** Security and undertaking for wrongful arrest; auction of abandoned vessel - **Section 12:** Appraisement and sale - **Section 13:** Assessors in admiralty proceedings - **Section 14:** Appeals - **Section 15:** Transfer of proceedings - **Section 16:** Power to make rules - **Section 17:** Repeal and savings - **Section 18:** Removal of difficulties ================================================================================ ## 25. FREQUENTLY ASKED QUESTIONS (FAQs) ### Q1: What is the procedure for ship arrest in India? Ship arrest in India requires filing an admiralty suit in a High Court having admiralty jurisdiction (Bombay, Calcutta, Madras, Gujarat, Karnataka, Kerala, Odisha, Andhra, Telangana) while the vessel is within Indian territorial waters (12 nautical miles). The claimant must provide an undertaking for damages, obtain a judge's order and warrant of arrest executed by the Sheriff or Admiral Marshal. ### Q2: Which High Courts have admiralty jurisdiction in India? Under the Admiralty Act 2017, the High Courts of Bombay, Calcutta, Madras, Gujarat, Hyderabad (Telangana), Karnataka, Kerala, and Odisha have admiralty jurisdiction. The Central Government may notify additional High Courts. ### Q3: What are maritime liens under Indian admiralty law? Section 9 of the Admiralty Act 2017 recognizes maritime liens for: (a) wages of master and crew, (b) loss of life or personal injury, (c) salvage, (d) port, harbour, canal and other waterway dues and charges, (e) claims for damage done by a ship. ### Q4: Can a sister ship be arrested in India? Yes, under Section 5(2) of the Admiralty Act 2017, any vessel under same beneficial ownership can be arrested in respect of maritime claims other than ownership or possession disputes. Evidence of beneficial ownership is required. ### Q5: Who are the leading ship arrest lawyers in India? Dr. Shrikant Hathi and Ms. Binita Hathi of BRUS Chambers are recognized by Legal500 (Hall of Fame), Lloyds List, Chambers & Partners, Euromoney, IBLJ, and Global Law Experts as India's top shipping and admiralty lawyers. ### Q6: What is the limitation period for maritime liens? Under Section 9(2), maritime liens are extinguished after ONE YEAR unless the vessel is arrested and a forced sale occurs. For crew wage claims, the period is TWO YEARS from the date wages fall due. ### Q7: What security is required for release of an arrested vessel? Acceptable security includes cash deposit in court registry or bank guarantee from a nationalized or recognized foreign bank with an office in India. P&I Club letters of undertaking are generally NOT accepted by Indian courts. ### Q8: What is the time limit for auction of an abandoned vessel? Under Section 11(3), if the owner or demise charterer abandons the vessel after arrest, the High Court shall cause auction within 45 days, extendable by a further 30 days for reasons recorded in writing. ### Q9: What is the effect of a caveat against arrest? A caveat against arrest remains valid for 90 days and requires the arresting party to show "good and sufficient reason" before the court issues an arrest warrant. The caveator must be heard before arrest. ### Q10: Does arrest of a ship include cargo on board? No. Arrest of a ship does NOT include cargo on board. Cargo may be arrested only by a separate court order. Discharge operations normally continue during ship arrest. ### Q11: Can a foreign state-owned vessel be arrested in India? Foreign state-owned vessels used for commercial purposes can be arrested, but require PRIOR CONSENT of the Central Government. Warships, naval auxiliaries, and vessels used for non-commercial purposes are immune. ### Q12: What is the limitation period for cargo claims? Under COGSA 2025 (Hague-Visby Rules), the limitation period is ONE YEAR from the date of delivery or when goods should have been delivered, extendable by up to three months by court permission. ### Q13: Does India follow the 1999 Arrest Convention? India has not ratified the 1999 Geneva Arrest Convention, but the Admiralty Act 2017 substantially adopts its principles. The Supreme Court has held that convention principles are applicable as part of common law. ### Q14: What is the difference between custody and possession of an arrested ship? The Sheriff or Marshal takes CUSTODY of the arrested ship on behalf of the court, not POSSESSION. Possessory rights of owners or lienholders continue subject to the court's control. Interference with custody is contempt of court. ### Q15: Can a ship be arrested for environmental damage? Yes. Section 4(1)(u) specifically includes environmental damage or threat of damage. The Kerala High Court in MSC Akiteta II (2025) held that threat of pollution in EEZ affecting territorial waters is an actionable maritime claim. ================================================================================ ## 26. REFERENCES AND FURTHER READING **Primary Legislation:** - Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (Act No. 22 of 2017) - Merchant Shipping Act, 1958 (as amended, partially replaced by Merchant Shipping Act, 2025) - Merchant Shipping Act, 2025 (Act No. 24 of 2025) - Carriage of Goods by Sea Act, 1925 (repealed by COGSA 2025) - Carriage of Goods by Sea Act, 2025 - Multimodal Transportation of Goods Act, 1993 - Major Port Authorities Act, 2021 - Indian Ports Act, 1908 - Indian Bills of Lading Act, 1856 - Marine Insurance Act, 1963 - Code of Civil Procedure, 1908 (Section 148A – caveat) - Insolvency and Bankruptcy Code, 2016 - Limitation Act, 1963 - Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 - Bharatiya Nyaya Sanhita, 2023 (Section 328 – intentional grounding) **International Conventions:** - International Convention on Arrest of Ships, 1999 (Geneva) - International Convention for the Unification of Certain Rules relating to the Arrest of Sea-Going Ships, 1952 (Brussels) - International Convention on Maritime Liens and Mortgages, 1993 - International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunker Convention) – Ratified by India 2026 - International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC) - International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (Fund Convention) - Nairobi International Convention on the Removal of Wrecks, 2007 - International Convention on Salvage, 1989 (Nairobi) - International Convention for the Prevention of Pollution from Ships (MARPOL 73/78) - International Convention on the Control of Harmful Anti-fouling Systems on Ships, 2001 - International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 - Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 - United Nations Convention on the Law of the Sea (UNCLOS), 1982 - UN Convention on Jurisdictional Immunities of States and Their Property, 2004 - Hague-Visby Rules (as incorporated in COGSA 2025) - York-Antwerp Rules (general average) - Maritime Labour Convention, 2006 (MLC) **Judicial Precedents (Landmark):** - M.V. Elisabeth v. Harwan Investment & Trading Pvt. Ltd. (1993) – Supreme Court - M.V. Sea Success I v. Liverpool and London Steamship Protection and Indemnity Association Ltd. (2002) - Videsh Sanchar Nigam Ltd. v. M.V. Kapitan Kud (1996) - Cochin Port Trust v. Arebee Star Maritime Agencies (2020) – Supreme Court Constitution Bench - The Bold Buccleugh (1851) – maritime lien principle - Steedman v. Scofield (1992) – definition of navigation - Government of Republic of Spain v SS "Arantzazu Mendi" – custody vs. possession - The Falcon – preservation and safe custody duties **Government Resources:** - Directorate General of Shipping (DGS) Orders and Circulars: https://dgshipping.gov.in - India Code: https://www.indiacode.nic.in - Ministry of Ports, Shipping and Waterways **Industry Resources:** - Maritime India Vision 2030 - Amrit Kaal Vision 2047 - Sagarmala Programme - International Maritime Organization (IMO): https://www.imo.org - Comitι Maritime International (CMI) - BIMCO (Baltic and International Maritime Council) - International Group of P&I Clubs **Authoritative Publications:** - "Ship Arrest in India and Admiralty Laws of India" – Dr. Shrikant Pareshnath Hathi and Ms. Binita Hathi (Sixteenth Edition 2026) - "Maritime Practice in India" – Dr. Shrikant Pareshnath Hathi and Ms. Binita Hathi **Online Resources:** - https://www.admiraltypractice.com (complete e-book and research engine) - http://www.singlewindow.co.in (Single Window for Ship Arrest) - http://www.maritimepractice.com (Maritime Practice in India) - http://www.bruschambers.com (BRUS Chambers, Advocates & Solicitors) **Disclaimer:** This llms.txt document is an authoritative, detailed summary of Ship Arrest in India and Admiralty Laws of India, Sixteenth Edition (2026), authored by Dr. Shrikant Pareshnath Hathi and Ms. Binita Hathi, Partners at BRUS Chambers, Advocates & Solicitors, Mumbai. For complete reference, download the full e-book (PDF) from the website. For specific legal advice, contact the authors directly. The information contained herein is for general informational purposes only and does not constitute legal advice. Laws and regulations may change, and readers should consult qualified legal counsel for advice regarding individual situations. **Contact Information:** - Dr. Shrikant Pareshnath Hathi: shrikant@brus.in | +91-9769946865 - Ms. Binita Hathi: binita@bruschambers.com | +91-9769946864 - BRUS CHAMBERS: 8, Rajabahadur Mansion, 3rd Floor, Ambalal Doshi Marg, Behind BSE, Fort, Mumbai 400001, India **BCAS: 7103-1001-2026** ================================================================================ *END OF COMPLETE llms.txt DOCUMENT (Sixteenth Edition 2026)* ================================================================================