Arrest of Ships: Impact of the Law on Maritime Claimants.

Abstract: To the Maritime lawyer, international ship arrest provides both an interesting and challenging topic. This field of law is so dynamic because a particular vessel trades worldwide and spends much of its time in international waters. The importance of this area of law could be seen from the attention it has received from the international shipping community, this is also evident from the enormous efforts which have been made by the international community to standardise and unify the practice of ship arrest over the years. These efforts resulted in the two International Conventions on arrest of ships. However, the conflicting interests of two major groups of players in the maritime industry have created a problem which lies at the heart of the industry in respect of ship arrest. These groups are the maritime claimants and the shipowners. Each group believes that the law which regulates the practice of international ship arrest is detrimental and unfavourable to their interest and business. However, in this work, attention is focused particularly on the effect of the provisions of the international law of ship arrest on the maritime claimant. The Conventions through some of its provisions had made the exercise of ship arrest a difficult and sometimes impossible task. It is worthy of note that the potential maritime claimant includes persons (natural or artificial) whose input in the maritime industry aids in no less measure to the sustainability and growth of the industry. Therefore, the existence of a situation where the international laws of ship arrest, which has as one of its objects, the protection of the interest of the maritime claimant, now aids by its provisions, unscrupulous shipowners in their efforts to evade arrest and deprive the claimants of the recovery of their legitimate claims against the shipowners; threatens not only the business of the claimants, but also by extension the existence, growth and development of maritime commerce and world trade. In this work this issues will be addressed and attempts to provide solutions to the problems raised will be made.