The Arrest Conventions, signed in 1952 and 1999, play a fundamental role in the worldwide enforcement of maritime claims. Arrest of ships is one of the most distinctive features of international maritime law.
It provides a powerful, efficient and effective means of enforcing maritime claims in rem, obtaining sufficient asset security, and preserving property pending substantive proceedings. Ship arrest is, however, also a draconian power that cuts across property rights and can cause considerable commercial harm to shipowning interests.
This book provides thematic and comparative analysis from leading international commentators on the most significant legal and policy issues and practical problems arising from the Arrest Convention texts, as well as the direct implementation or indirect “translation” of the Arrest Conventions into domestic legal systems.
It critically analyses the political and historical development of the Conventions, explores the key concepts underpinning the Arrest Convention frameworks, and ponders the future of ship arrest.
Table Of Contents:
Contents:1. Ship Arrest: Issues of Availability, Fairness and Proportionality - Rhidian Thomas2. Arrest of Associated Ships - Graham Bradfield3. Arrest as Security and Security Arrest - Anton P. Trichardt4. Declining Jurisdiction Following Arrest - Steven Rares5. Rearrests and Multiple Arrests of Ships - Kate Lewins6. Wrongful Arrest of Ships - Toh Kian Sing and Nathanael Lin7. Conflict of Laws and the Arrest Conventions - Paul Myburgh8. Arrest, Detention and Seizure of Ships: Availability for Environmental Claims - Michael Tsimplis9. Arrest and Cross-Border Insolvency: The Singapore Experience - Belinda Ang10. National Translations of the Arrest Conventions: European Civil Law Jurisdictions - Henning Jessen and George Theocharidis11. National Translations of the Arrest Conventions: China - Yingying Zou12. National Translations of the Arrest Conventions: Anglo-Common Law Jurisdictions - Bevan Marten13. The Future of Ship Arrest - Martin Davies