October 2026 | Part I

Ship Arrest in India: A Foreign Claimant’s Practical Guide — Part I

Ship Arrest in India: Legal Framework, Maritime Claims and Jurisdiction

A comprehensive walk-through of maritime claim arrest procedure in India under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 — the statutory framework, the forum choice, the arrest workflow, the security options, and the cross-border enforcement considerations for foreign maritime claimants.

By K Singhania & Co · Mumbai | Updated: October 2026 | Practice area: Maritime and Shipping

Quick Overview

Ship arrest in India for a foreign maritime claimant runs through the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, and the coastal High Courts vested with admiralty jurisdiction. A foreign claimant asserting a maritime claim within the enumerated Section 4 categories may apply to a coastal High Court where the vessel is within Indian waters. On the Court finding a prima facie maritime claim, arrest of the vessel is granted through a court warrant, executed by the Sheriff at the port. The vessel is released upon security, typically a Letter of Undertaking (LOU) from a P&I Club, cash security into court, or a bank guarantee, the form and quantum being a matter for the Court and the parties.

PART I

Why ship arrest in India matters for foreign maritime claimants?

India’s coastline of over 7,500 kilometres and the Indian ports handling substantial international cargo throughput mean that vessels engaged in international trade regularly enter Indian waters. Where a foreign creditor such as a bunker supplier, cargo owner, salvor, wage claimant or ship financier has an unsatisfied maritime claim against the owner of a vessel entering an Indian port, the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 provides a statutory mechanism to seek the arrest of the vessel in India, subject to the requirements of the Act.

The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (the “Admiralty Act”) consolidated India’s admiralty law framework and vested admiralty jurisdiction in specified coastal High Courts. For foreign counsel advising foreign clients on Indian ship arrest, the framework provides a codified, statutory route with the mechanics of arrest, security, and priority determined by the Act rather than by inherited colonial-era statutory instruments.

Ship arrest in India can provide a rapid remedy, and an order of arrest may be obtained at short notice where the claim is well-documented and the Court is satisfied that a prima facie case exists. For foreign claimants managing a limited window, where a vessel may call at a port, discharge cargo and depart within days, the speed with which relief can be obtained is often an important consideration.

What is the statutory framework for ship arrest in India?

The Admiralty Act 2017 — key provisions

Section 3 vests admiralty jurisdiction in the High Courts of coastal states i.e., Bombay, Calcutta, Madras, Karnataka, Gujarat, Kerala, Andhra Pradesh, Odisha, and (from time to time by notification) other coastal High Courts. Each such Court exercises admiralty jurisdiction over the territorial waters of their respective jurisdictions.
Section 4 enumerates the maritime claims that support the exercise of admiralty jurisdiction. These include claims relating to ownership of a ship; disputes between co-owners; claims for possession, delivery, or transfer of a ship; mortgages or charges on a ship; loss of life or personal injury arising from a ship; loss of or damage to goods; agreements for the carriage of goods or passengers; agreements relating to the use or hire of a ship (charterparties); salvage; towage; pilotage; bunker fuel supply; wages; and general average, among others.
Section 5 provides the substantive basis for arrest of a vessel in rem and also sister ship arrest. A vessel may be arrested for the purpose of providing security for a maritime claim, where the Court has jurisdiction and the claim falls within a Section 4 category.
Section 8-10 governs priority of claims against a vessel i.e., statutory maritime liens, mortgages, and other secured claims are ranked in a defined order for the purpose of distribution of sale proceeds where a vessel is judicially sold.

What replaced the earlier framework?

Before the 2017 Act, Indian admiralty law was governed by a fragmented framework i.e., the Admiralty Court Act 1840, the Admiralty Court Act 1861 (an English statute of Victorian origin), the Colonial Courts of Admiralty Act 1890, the Colonial Courts of Admiralty (India) Act 1891, relevant Provisions of Letters Patent and judicial developments from Indian High Courts over successive decades.

The 2017 Act consolidated the Indian legal framework governing admiralty jurisdiction, maritime claims, proceedings in connection with vessels, and the arrest, detention and sale of vessels into a single statute, while aligning it with the 1999 International Convention on Arrest of Ships, although India is not a signatory to the Convention.

For foreign claimants, the practical significance of the 2017 consolidation is that the Indian arrest framework is now navigable through a single statutory reference rather than through overlapping colonial-era instruments.

Which Indian court has jurisdiction over a ship arrest application?

The forum-choice question in practice

For a foreign claimant whose vessel target is expected to call at multiple Indian ports, the forum choice may require careful consideration of where the vessel is physically located, the urgency of the proposed arrest, the nature of the maritime claim, and the procedural requirements and established practice of the relevant High Court.

Bombay High Court — pan-India admiralty reputation; deepest concentration of admiralty jurisprudence; extensive maritime bar; historically the dominant Indian admiralty court. Reported to handle the largest share of Indian ship arrests. Preferred for high-value contested matters and complex ownership disputes.
Gujarat High Court — increasingly active admiralty docket; proximity to major ports (Kandla, Mundra, Hazira, Pipavav); processed some emergency arrests including Saturday hearings where the vessel’s departure risk was imminent. Shorter waiting times for routine bunker and cargo claims. Preferred where the vessel calls at a Gujarat port and time is critical.
Calcutta High Court — significant admiralty history and continuing practice; preferred for vessels calling at Kolkata, Haldia, and adjacent ports.
Madras High Court — coastal admiralty jurisdiction; preferred for vessels calling at Chennai, Ennore, Tuticorin, and other Tamil Nadu ports.
Kerala High Court — coastal admiralty jurisdiction; preferred for vessels calling at Cochin (Kochi) and Vizhinjam.

The claimant must first establish that the vessel is within the relevant High Court’s admiralty jurisdiction when the arrest application is made. Though the above-mentioned practice is based on our observations and experience, it is advisable to get a local admiralty counsel to confirm each court’s current practice and registry requirements.

K S&Co view —

Forum choice for foreign claimants

For a foreign claimant, forum selection should be guided primarily by the vessel’s location, the urgency and nature of the claim, and the admiralty jurisdiction and procedural requirements of the relevant High Court. Where a vessel is expected to call at multiple Indian ports, the claimant should consider the vessel’s likely movements and the practical requirements for obtaining and executing an arrest order. In urgent cases, the availability of the appropriate Bench and the Court’s ability to hear the application promptly may also be important considerations. Early advice from Indian admiralty counsel can help identify the appropriate forum based on the particular facts of the claim.

Action point for foreign counsel

Where multiple Indian ports are potential calls for the target vessel, foreign counsel should engage with Indian admiralty counsel early to identify the appropriate forum for the specific claim type and vessel movement pattern. The forum choice materially affects speed, cost, and enforcement position.

What maritime claims support arrest under Section 4 of the Admiralty Act, 2017?

The Section 4 categories most relevant to foreign claimants

Ownership and possession claims — disputes over ownership of a vessel and claims concerning possession, delivery or title of the vessel.
Mortgage and charge claims — claims arising out of a mortgage or a charge of a similar nature over the vessel.
Cargo damage or loss — claims arising from loss of or damage to goods carried by sea.
Carriage agreements — claims arising from agreements for the carriage of goods or passengers, including bill-of-lading claims.
Charterparty claims — claims arising from the agreements relating to the use or hire of a vessel, including time, voyage and demise/bareboat charter arrangements.
Salvage — claims by salvors.
Towage — claims arising from towage or pilotage services.
Bunker fuel supply — claims by bunker suppliers for the price of bunker fuel supplied to the vessel.
Wages and crew claims — claims by masters, officers, or crew for unpaid wages.
Pilotage — claims by port pilots.
General or Particular average — claims arising from general or particular average contributions.
Disbursements — claims relating to disbursements incurred on behalf of the vessel or its owner, demise charterer or other relevant party.
Personal injury or loss of life — claims arising from personal injury or loss of life on board or in connection with a ship.
Insurance premiums — claims for insurance premiums, including mutual insurance calls, payable in respect of the vessel by or on behalf of the owner or demise charterer. This is narrower than a general category of “marine insurance claims.”
Commission, brokerage and agency fees — claims for commission, brokerage or agency fees payable in respect of the vessel by or on behalf of the owner or demise charterer.
Environmental damage — claims arising from damage or threatened damage caused by a vessel to the environment, coastline or related interests, including specified preventive, remedial and restoration costs.
Wreck removal and preservation — claims for costs associated with raising, removing, recovering, destroying or rendering harmless a vessel that is sunk, wrecked, stranded or abandoned, together with specified preservation and crew-maintenance costs.
Maritime liens — claims falling within the statutory concept of a maritime lien. The Act separately addresses the inter se priority of maritime liens under Section 9.

The breadth of Section 4 is therefore considerably wider than the traditional commercial categories of cargo, charterparty, bunker, wage and mortgage claims.

K S&Co view —

Which claim categories drive foreign-claimant arrest applications

In practice, foreign claimants considering vessel arrest should focus not only on whether the underlying dispute falls within Section 4, but also on whether the facts satisfy the vessel-specific requirements in Section 5. Commercial claims commonly encountered in the arrest context can include bunker and other supply claims, cargo and carriage disputes, charterparty claims, mortgage enforcement and claims secured by maritime liens. The distinction is particularly important for foreign creditors: a maritime claim against an owner, charterer or other counterparty does not automatically make every vessel connected with that party arrestable. Before seeking urgent relief, counsel should therefore map the contractual relationship, the identity of the liable party when the claim arose, the vessel’s ownership at the time of arrest, and any applicable maritime lien or mortgage basis.

Action point for foreign counsel

Where the claim category is uncertain or the facts sit at the boundary between two Section 4 categories, seek Indian admiralty counsel input on the strongest statutory basis before filing. Counsel should assess both the applicable Section 4 maritime-claim category and the separate requirements of Section 5, including the identity and status of the party liable for the claim, the vessel’s ownership or demise-charterer status, and any applicable mortgage, charge or maritime lien. This analysis is particularly important where an urgent arrest is sought, because establishing the maritime claim is only the first step in demonstrating that the particular vessel is liable to arrest.

FAQ — Which High Court should a foreign claimant approach for a ship arrest in India?

The High Court that has admiralty jurisdiction over the place where the vessel is located at the time of arrest, including the territorial waters off that coast. For Mumbai (Maharashtra), it is the Bombay High Court; for Kandla, Mundra, Hazira and Pipavav (Gujarat), the Gujarat High Court; and similarly the Calcutta, Madras, Kerala, Karnataka, Orissa, Andhra Pradesh and Telangana High Courts for ports within their respective jurisdictions. A vessel can be arrested only once it is within the Court’s jurisdiction. Where it is expected to call at several Indian ports, the claimant should keep the filing ready and track its movements so that arrest can be sought promptly at the first suitable port. Indian admiralty counsel should advise on forum and timing.

FAQ — What maritime claims support arrest under the Admiralty Act, 2017?

Section 4(1) of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 sets out the statutory categories of maritime claims that can exercise admiralty jurisdiction. These include claims relating to ownership and possession of vessels, mortgages, cargo and carriage, charterparty and hire, collision and other vessel-related damage, salvage, towage and pilotage, bunkers and supplies, shipbuilding and repairs, port dues, crew wages, insurance, brokerage, agency fees, general and particular average, environmental damage, wreck removal and maritime liens. The list is broad but statutory, and the claim must fall within one of the specified categories.

For a ship arrest, the claimant must additionally satisfy Section 5. The relevant vessel must be within the Court’s jurisdiction and the statutory nexus between the maritime claim, the liable person and the vessel must be established. Recent Bombay High Court orders demonstrate that, at the arrest stage, the Court generally examines whether a prima facie maritime claim exists and whether the vessel is within jurisdiction.

FAQ — Is India a signatory to the 1999 International Convention on Arrest of Ships?

India is not a signatory to the 1999 International Convention on Arrest of Ships. The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 is India’s domestic framework governing ship arrest and is broadly aligned with the international framework in substance, though there are specific differences in enumerated maritime claims and procedural mechanics.

Continue Reading: Ship Arrest in India — A Three-Part Guide

This article is Part I of K Singhania & Co’s October 2026 Maritime and Shipping Newsletter.

Part I — Legal Framework, Maritime Claims and Jurisdiction

The statutory basis for ship arrest, eligible maritime claims and the selection of the appropriate High Court.

Part II — How to Arrest a Ship in India: Procedure, Court Orders and Security

The practical arrest process, from filing an admiralty suit to the execution of the arrest order, and the security arrangements available for release of the vessel.

Part III — Sister-Ship Arrest in India: Ownership and Cross-Border Enforcement

The requirements for sister-ship arrest, ownership evidence, cross-border enforcement and the relationship between ship arrest and foreign arbitration.

Maritime and Shipping Practice — K Singhania & Co

K Singhania & Co advises domestic and international clients on maritime claims, ship arrest proceedings, admiralty disputes and shipping-related matters in India.

Our team works with foreign businesses, maritime creditors and international law firms on disputes involving vessels, cargo, charterparties, maritime security and cross-border enforcement.

Foreign claimants considering ship arrest in India should assess their legal position and prepare the necessary documents before the vessel’s anticipated arrival or departure.

This publication provides general legal information as at October 2026 and does not constitute legal advice. The applicability of the Admiralty Act, 2017 and the availability of ship arrest depend on the facts and circumstances of each case.

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