Arrest Of Ship In India

 Arrest Of Ship In India

 Frequently Asked question on arrest of ship in India ship arrests in India shrikan hati and binita Hadi partners with Indian Law Firm Bruce Chambers answered frequently asked a question on arrest of ship in India is India a signatory to any of the International Convention on ship arrests if so which one no although the Brazil convention hasn't been adopted by legislation the principle Incorporated in the International Convention relating to the arrest of sea-going ship Brussels can May 1952 are part of the common law of India and applicable for the enforcement of Maritime claim again foreign ship as it held by the Supreme Court of India C success 1 has also held the principle underlying the 1999 Geneva arrest convention were applicable for ship arrests in India for what type of claim can you arrest a ship the Indian Court possessing admiralty jurisdiction have jurisdiction over the following claim and to hear and determine any question with regard there to the claim as defined under Article 1 of the International Convention for the unification of certain rules relating to the arrest of sea going ship Russo May John 1952 or under article one of the International Convention on the arrest of ship Juniper March 12 1999 as set out herein on the Article 1 of the Brussels arrest convention damage caused by any ship either in Collision or otherwise loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship salvage agreement relating to the use are higher of any ship whether by Charter party or otherwise agreement relating to the courage of good in any ship whether by Charter party or otherwise laws or damage to good including baggage carried in any ship.

 General average bottom breed towage pilotage good or materials however Supply to a ship for her operation or maintenance construction repair or equipment of any ship or dog chard and Juice weights of Master officers or crew Master disbursement including disbursement made by shipper charterer or agent on behalf of a ship or her owner dispute to as the title to or ownership of any ship dispute between co-owners of any ships as to the ownership possession employment or earning of that ship the mortgage or hypothetication of any ship Article 1 of the Geneva arrest convention loss or damage caused by the operation of the ship loss of life or personal injury occurring whether on land or on water in direct connection with the operation of the ship selfish operation or any Salvage agreement including if applicable spatial compensation relating to salvage operation in respect of a ship which by itself or its cargo threatened damage to the environment damage authority of damage caused by the ship to the environment Coastline or related interests measures taken to prevent minimize or remove search damage compensation for such damage cause of reasonable measures of reinstatement of the environment actually undertaken or to be undertaken laws incurred or likely to be incurred by Third parties in connection with such damage and damage cause or loss of a similar nature to those identified in this subparagraph cause or expenses relating to the racing removal recovery destruction or the rendering harmless of a ship which is some record stranded or abandoned including anything that is or has been on board such ship and costs or expenses relating to the previous preservation of an abandoned ship and maintenance of its crew any agreement relating to the use or higher of the ship whether contained in a charter party or otherwise any agreement relating to the carriage acute or passengers on board to the ship whether contained in a charger party or otherwise loss of damage to or in connection with good including luggage carried on board the ship General average the witch pilotage Jude materials provision bunkers equipment including containers supplied or service rendered into the ship for its operation managed human reservation or maintenance construction reconstruction repair converging or equipping of the ship port kennels dog Harper and other Waterway juice and jarp wakes and other some due to the master officers and other members of the ship complement in respect of their employment on the ship including costs of repartition and social insurance contribution payable on the behalf disbursement incurred on behalf of the ship or its owner insurance premium including Mutual Insurance costs.

 In respect of the ship payable by or on behalf of the ship owner or demise charterer any commission brokerage or agency phase viable in respect of the ship eye or on behalf of the ship owner or demise charger any dispute after ownership or possession of the ship and the dispute between co-owners of the ship as to the employment of earning of the ship a mortgage or hypothetic of a chart of the same nature of the ship and it dispute a rising out of the contract for the sale of the ship what is the procedure for an arrest a claimant executive a power of attorney normally to a person as may be suggested by the Clayman solicitor to egg on behalf of the claimant a format of the state power of attorney is normally forwarded by the claimants of cider with the name of the constitute attorney in the state power of attorney is properly executed notarized and legalized and the original is cured to the constituent attorney normally they are employed by the solicitor Stan is a event of the power of attorney when executed and notarized funding legalization is scanned and forwarded for further action at the time of feeling of the plane in the court solicitor give an undertaking to the court to produce the original when reached from the claimant the original Power of a dormi is required to be stamped under the laws of India Clayman solicitor takes search of the Cubit book for caveat against arrest notice is given to the console General as per high court rules Clayman Falls the plane undertaking draft shot order drop Warren of arrest and its affidavit to the court under admiralty jurisdiction all the exhibit and the document relied are normally filed by way of separate compilation of documents at the time of making an application for arrest urgent application for obtaining order of the rest is moved before the Admiral region at the time of making the state application plain and other pleading including the draft judge order should be produced before the job against arrest is also produced admiralty Judd passes an order in term of the judge order given to court in some cases admiraltyot dictate a spirit order for arrest of a vessel.

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