For foreign maritime creditors, securing an outstanding claim can be challenging when vessels operate across multiple jurisdictions and may remain in an Indian port for only a limited period.
India’s Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 provides a statutory framework for arresting vessels to secure qualifying maritime claims, subject to the requirements of the Act.
K Singhania & Co has prepared Ship Arrest in India – A Foreign Claimant’s Practical Guide, a 33-page publication examining the legal and practical considerations for foreign businesses and international law firms dealing with maritime claims in India.
The guide covers three key areas:
Part I – Legal Framework, Maritime Claims and Jurisdiction
Ship Arrest in India: A Foreign Claimant’s Practical Guide — Part I
An overview of the Admiralty Act, 2017, the maritime claims that may support ship arrest and the jurisdiction of Indian High Courts.
Part II – Ship Arrest Procedure and Security
How to Arrest a Ship in India: Procedure, Court Orders and Security
A practical examination of filing an arrest application, obtaining and executing court orders, the Sheriff’s role and the security arrangements available for releasing an arrested vessel.
Part III – Sister-Ship Arrest and Cross-Border Enforcement
Sister-Ship Arrest in India: Ownership and Cross-Border Enforcement
An examination of sister-ship arrest, vessel ownership requirements, foreign arbitration and the enforcement of maritime claims in India.
The publication is intended as a practical reference for foreign shipping companies, bunker suppliers, maritime creditors and international legal practitioners.
Read or Download the Complete Guide (PDF – 33 Pages)
Prepared by K Singhania & Co | Maritime and Shipping Practice
Disclaimer: This publication is for general information and does not constitute legal advice. The application of Indian admiralty law depends on the facts and circumstances of each case.
