foreign ship in the waters of the coastal State
being necessarily brief, jurisdiction over the ship has to
be exercised by its arrest and detention ... maritime claims against foreign merchant ships
lying in their waters. These ships are liable to be arrested
and detained for the enforcement of maritime claims
provision does not cover the arrest of the ship or the keeping of a ship under arrest in the exercise to the court jurisdiction ... admiralty court had no jurisdiction to arrest the ship or to keep ships under arrest for that purpose.
40. The decision
section 443 of the Merchants Shipping Act, clearly indicates that it is only the offending ship which could be arrested. He further contended that though ... particular ship can also be arrested. It is claimed that this now permits arrest of sister ships owned by the same person or company
right of arrest, which reads as
under:
“Article 3
Exercise of right of arrest
1. Arrest is permissible of any ship in respect of which ... Arrest is also permissible of any other ship or ships which,
when the arrest is effected, is or are owned by the person
refusing to issue a warrant of arrest. Furthermore, on an ex parte application for the arrest of a ship a plaintiff was under a duty ... country. Equally, ship owners might be tempted to divert a ship rather than come within the jurisdiction and have their ship arrested, at least until
jurisdiction of the High Court by arresting and detaining them."
The purpose of arrest of a ship is inter alia to obtain security ... Court. Therefore, this Court has both jurisdiction to order arrest and to arrest the ship when it enters the territorial waters. These questions are answered
provision did not cover the arresting of a ship or the keeping of a ship under
arrest, in the exercise of the Court ... does not cover the arrest
of a ship or the keeping of a ship under arrest in exercise of the Court's
jurisdiction
claim. The principles of the Brussel
Arrest Convention, 1952 were held to apply in matters of
arrest of ships by the Hon'ble Apex ... ARTICLE 3: EXERCISE OF RIGHT OF ARREST
1. Arrest is permissible of any ship in respect of which
a maritime claim is asserted
Article 3(3) of 1999 Arrest Convention,
which reads as under:
"The arrest of a ship which is not owned by the person liable ... definition of Arrest given under Article 1(2) of the
Arrest Convention of 1952 or under Article 1.2 of Arrest Convention of
1959. In support
ship ,
naval ship nor auxiliary or other ship owned or operated by the State.
Article 8(2) does not refer to a ship to which ... caused, but it
refers to the ship to be arrested or arrested ship.
20. The learned Additional Solicitor General, however, pressed
the preliminary objection more
