The 1952 Arrest Convention ("1952 Convention") was
given the force of law in Ireland by the passing of the
Jurisdiction of the Courts (Maritime Conventions) Act, 1989
("the 1989 Act"). The 1989 Act was passed for the
purposes of the Convention and left the existing law in
relation to ships to which the Convention does not apply
unrepealed namely the Courts of Admiralty (Ireland) Acts, 1867
and 1876. We now have a situation in Ireland whereby there is
very old legislation governing non Convention ships and
relatively recent legislation covering Convention ships.
Ireland operates under a common law system and the law of
arrest in Ireland is somewhat similar to the law of arrest in
England. By way of background when Ireland implemented the 1952
Convention under the 1989 Act it appendixed the Convention to
Procedure to Arrest
The 1989 Act implements the 1952 Convention and Article 1 of
the 1952 Convention sets out the type of claims which are
maritime claims within the meaning of Article 1. In Ireland
proceedings are brought in rem that being on behalf of the
vessel. Claims are categorised into maritime liens and
A practice has built up among lawyers in Ireland where a
warning letter is usually sent to the owners or the
vessel's agent in advance of the application to arrest the
vessel. This is not a legislative requirement. In order to
arrest a vessel a Summons is issued in the High Court in
Ireland. In addition to that an Affidavit is filed in the High
Court setting out the basis of the claim, exhibiting the bill
of lading, charterparty and any other relevant document to
assist the application to arrest. The Affidavit can be sworn by
either the arresting party or their solicitor.
The application is made Ex-Parte to the Master of the High
Court or the Admiralty Judge. No arrest order will be granted
by the court unless it is satisfied that the vessel is within
Irish waters. In addition to that and prior to the arrest order
being granted the arresting party must give an undertaking that
they will be responsible for Admiralty Marshal's expenses.
These expenses are made up of the fee due to the ship keeper
who remains on board while the vessel is under arrest and any
other expenses incurred as a result of the arrest order
including moving the vessel and soforth.
Once an order is made by the High Court a vessel will remain
under arrest until such time as it is released by court order.
On payment into court...
Arresting A Ship In Ireland
|Author:||Mr Niamh Loughran|
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