The attachment of a ship is one of the fastest and most effective legal measures used in the maritime field to protect creditors’ rights. However, it is also one of the most delicate procedures, requiring a thorough knowledge of maritime law and timely and precise action.
In this article, I explain what ship attachment means, when and how it is applied, what the legal steps are and what to do if you find yourself in such a situation – either as a claimant or as the shipowner.
What is ship seizure and when does it apply?
Seizure is a temporary precautionary measure whereby a ship is lawfully detained in port at the request of a party claiming a maritime claim. The purpose is to ensure that the ship does not leave the jurisdiction pending the resolution of the dispute.
It is governed by both the Brussels Convention of 1952 and the Geneva Convention of 1999 (to which Romania is a signatory), as well as by the Code of Civil Procedure and applicable national legislation.
Typical situations that can lead to the seizure of a vessel
- Non–payment of freight (shipping price);
- Debts owed to suppliers or crew;
- Damage caused by fault of master or crew;
- Damage to cargo carried;
- Ship ownership disputes or maritime liens;
- Maritime pollution or violations of port regulations.
