Vessel Arrest in Practice: Updated 2025-2026 Procedures

Vessel arrest is the sharpest weapon a maritime creditor has. You are not just sending letters and chasing invoices. You are stopping the ship from sailing, blocking the owner’s cash flow, and forcing them to deal with you.

Used right, arrest is fast, brutal, and effective. Used wrong, it backfires as wrongful arrest and damages.

1. What “Vessel Arrest” Really Is

Vessel arrest is a court‑ordered detention of a ship as security for a maritime claim. The vessel is physically stopped from leaving port until the owner (or charterer, in some cases) pays, settles, or posts security (bank guarantee, P&I club letter of undertaking).

Common reasons to arrest a ship include:

• Unpaid ship repair, towage, or bunker bills
• Crew wages and repatriation costs
• Salvage claims and general average
• Cargo damage or loss claims
• Charterparty and freight disputes
• Collision damage, pollution, or safety breaches
• Disputes over ownership, mortgages, or possession

Once the arrest order is served, the ship is dead in the water. No departure until security is in place or the court lifts the arrest.

2. Legal Framework in 2025–2026

Vessel arrest is not the same everywhere. The rules depend on:

• Which arrest convention (if any) the country has adopted
• That country’s national admiralty law
• Whether the claim is an action in rem (against the ship) or in personam (against the owner)

2.1. The Arrest Conventions

Two main international instruments still dominate practice:

• 1952 Brussels Arrest Convention
  Applies in many traditional maritime states. It gives a closed list of “maritime claims” that justify arrest, and allows arrest of the ship in question and, in some cases, a sister ship owned by the same debtor.
• 1999 International Convention on Arrest of Ships
  In force in a smaller but growing group of states. It expands the list of maritime claims and clarifies arrest rules. Key points:
  • Ship can be arrested for security only, even if the dispute will be decided elsewhere or in arbitration.
  • Security to release the ship cannot exceed the value of the vessel.
  • Re‑arrest is allowed if previous security was inadequate or doubtful.
  • More focus on the personal liability of the debtor and the link to the ship.

If neither convention applies, local national law governs everything: which claims qualify, whether you can arrest a sister ship, required security, and wrongful arrest rules.

2.2. Maritime Claim, Maritime Lien, and Sister Ships

Three core concepts you need straight in your head:

• Maritime claim – a claim specifically recognised by the convention or local law as capable of supporting an arrest (for example, cargo damage, repairs, wages, salvage).
• Maritime lien – a privileged claim that “travels with the ship” even after sale (for example, wages, salvage, collision damage in many systems).
• Sister‑ship arrest – arresting another ship owned by the same debtor, not just the vessel directly involved in the dispute.

The link between the debtor (the “relevant person”) and the ship (or sister ship) is crucial. If the wrong party owns the vessel at the time of arrest, the whole thing can be struck out.

3. Key 2025–2026 Developments You Cannot Ignore

You don’t need every statute number. You do need to see where practice is moving: tighter procedures and more counter‑security.

3.1. UAE – New Maritime Law and Stronger Arrest Regime

The UAE has overhauled its maritime law, and recent practice shows how arrest now works on the ground:

• Broad “maritime debts” list – damage by a ship, collisions, personal injuries, salvage, towage, pilotage, crew wages, general average, cargo and charterparty disputes, and ship sale/ownership/mortgage claims are all in scope.
• Sister‑ship arrest – creditors may arrest the ship to which the debt relates and any other ship owned by the debtor at the time of arrest (with some exceptions like mortgages or ownership disputes).
• Charterer claims – ships can still be arrested for claims against bareboat and time‑charterers, but mainly during the charter period and under defined conditions.
• Counter‑security requirement – the arresting party must now provide a financial guarantee to cover potential damages caused by the arrest (crew costs, port dues, wrongful arrest exposure).
• Shorter filing deadline – after a pre‑judgment arrest order, you must file the substantive claim within a very short period (for example, five working days). Miss it and the arrest can be lifted.

Bottom line: in Gulf hubs, arrest is still a hard hammer, but you must move fast and come with evidence and money on the table.

3.2. BVI and Common Law Ports – Formalities and Wrongful Arrest

Offshore and common‑law jurisdictions (like the BVI) show what judges expect now:

• Arrest is usually based on:
  • a proprietary maritime claim (ownership/possession),
  • a maritime lien (wages, salvage, damage done by a ship), or
  • a statutory maritime claim under local law.
• Procedure requires:
  • Admiralty register search (including any caveat/caution against arrest).
  • Claim form in the prescribed admiralty form.
  • Affidavit in support explaining nature of the claim, that it is unpaid, and giving ship and registry details.
  • Undertaking to pay marshal’s fees and expenses for arrest and custody.
• Owners can apply to set aside the arrest and seek damages if it was malicious or without reasonable cause.

Trend: courts want serious claimants, not bluffers. Come with a proper file or don’t come at all.

3.3. Global Practice Guides – Stricter Evidence, Same Core Logic

Recent global practice confirms:

• Most states still apply either the 1952 or 1999 Arrest Conventions, with local rules on top.
• Judges are more likely to demand solid documentary evidence at the application stage, not months later.
• More courts are open to arrest purely to obtain security while the merits are decided in arbitration or another jurisdiction, especially under the 1999 Convention.

4. Step‑by‑Step Vessel Arrest Procedure (2025–2026)

Details vary by country, but the bones of the process look the same in most serious maritime hubs.

Step 1 – Choose the Right Jurisdiction and Timing

You arrest where the ship physically is or where she is about to call.

Key checks:

• Does this country apply the 1952 Convention, the 1999 Convention, or only national law?
• Is your claim a recognised maritime claim under that regime?
• Will this jurisdiction allow:
  • sister‑ship arrest, and
  • arrest for security only, even if the dispute goes to foreign courts or arbitration?

If you know a debtor’s ship is about to call at a creditor‑friendly port, plan your arrest application before arrival. Don’t wait until she’s casting off.

Step 2 – Confirm You Have a Qualifying Claim and the Right Debtor

You must show a maritime claim and the correct link between that claim, the debtor, and the ship:

• Who is liable for the debt – owner, bareboat charterer, time‑charterer, or someone else?
• Did that party own or charter the vessel at the time the claim arose and at the time of arrest (depending on local rules)?
• Are you targeting the actual ship involved or a sister ship, and is it owned by the same debtor now?

Get this wrong and you hand them an easy motion to set aside the arrest.

Step 3 – Pre‑Filing Checks and Strategy

Before going to court, your arrest lawyer will usually:

• Search the ship registry for current registered owner, mortgages and encumbrances, and any caveat against arrest.
• Confirm actual location or ETA of the vessel.
• Check any jurisdiction or arbitration clauses in the underlying contract. Under the 1999 Convention, you can still arrest for security even if the merits go elsewhere.
• Roughly assess:
  • ship’s value versus your claim,
  • likely port dues and custody costs, and
  • whether you can stomach a cross‑undertaking in damages or counter‑security if required.

Step 4 – Prepare the Arrest Papers

In most modern admiralty courts you need at least:

• Claim form / complaint with:
  • parties and vessel details (name, IMO, flag, port of registry),
  • a clear statement of the maritime claim (unpaid invoice, bunker contract, cargo claim, etc.),
  • the amount claimed and interest.
• Ex parte application for a warrant of arrest.
• Affidavit in support, sworn, covering:
  • facts giving rise to the claim,
  • connection between the debtor and the ship,
  • confirmation that the claim is unpaid and within any limitation period,
  • details of any jurisdiction/arbitration clause and that arrest is for security only, if relevant.
• Undertaking to pay the marshal or sheriff’s fees and expenses of custody and to indemnify for wrongful arrest if required.
• Any additional counter‑security demanded by local law (for example, a financial guarantee in some Gulf states).

Judges now have little patience for sloppy affidavits. Incomplete statements and missing documents are classic reasons for delays or refusal.

Step 5 – Court Decision and Execution of the Warrant

If the court is satisfied:

1. It issues a warrant of arrest.
2. The warrant goes to the admiralty marshal, sheriff, or port authority.
3. Officers go on board, serve the warrant and required documents.
4. The vessel is detained – port control is notified and the ship is marked under arrest.

From that moment, the ship cannot lawfully sail. Trying to leave is contempt of court.

Step 6 – After Arrest: Security, Release, and Main Proceedings

Once the vessel is under arrest, the owner or charterer faces a simple choice: fight on paper or bleed cash in port.

Common outcomes:

• Security posted and ship released
  • Bank guarantee from a first‑class bank,
  • P&I club letter of undertaking, or
  • Cash deposit into court.

  The court sets the security amount. Under the 1999 Convention, it cannot exceed the vessel’s value.

• Substantive claim filed
  In some jurisdictions, you must file the full merits claim within a short time after arrest, or risk losing the arrest. The case then runs through normal litigation or arbitration, with your claim secured against the guarantee.
• No settlement – judicial sale
  In extreme cases, if no security is posted and the claim goes ahead, the court may order a judicial sale of the vessel and distribute the proceeds according to priority rules.

Step 7 – Wrongful Arrest and Counter‑Security Risk

If you arrest lightly, you can regret it heavily.

Owners can seek to set aside the arrest and claim damages for wrongful arrest, typically if:

• There was no valid maritime claim,
• You targeted the wrong ship or debtor, or
• You acted in bad faith or with gross negligence.

More systems now require a financial guarantee or cross‑undertaking from the arresting party. It is meant to deter abusive arrests and protect owners and crew from unnecessary damage.

5. Practical Tactics for Creditors in 2025–2026

For ship repairers, bunker suppliers, tug operators, and cargo interests, vessel arrest remains the hammer of choice – but only if you swing it properly.

• Build your file as you trade. Get contracts in writing, keep signed delivery receipts, time‑stamped photos, and accurate logs. Sloppy paperwork kills arrest applications.
• Track debtor fleets and calls. Use AIS/port intelligence to know where their ships trade. Aim to arrest where law favours your type of claim and ship values are high enough to secure you.
• Use arrest as leverage, not a hobby. Most owners post security quickly once arrested; they cannot afford idle time. You are after serious security, not drama.
• Respect jurisdiction clauses, but don’t fear them. Under the 1999 Convention, you can arrest for security even if the charterparty sends the merits to London arbitration or elsewhere.
• Don’t bluff. If you threaten arrest, be ready with documents and local counsel. Owners and P&I clubs believe you only when a specialist firm is already on the file.

6. Key Questions Clients Keep Asking

Can I arrest a sister ship if the debtor’s main vessel never comes to my port?
Often yes, if the jurisdiction recognises sister‑ship arrest and the other vessel is owned by the same debtor at the time of arrest. You must check convention status and local law.

Can I arrest if my claim is going to arbitration in London or New York?
Under the 1999 Arrest Convention, yes. You can arrest just to obtain security, even if the merits go to arbitration or a foreign court.

Can seafarers still arrest for wages and repatriation?
Yes. Wages and related claims are classic maritime lien grounds in most systems and can support arrest under both conventions and many national laws.

James Wilson – small shipowner, repairer, and man who’s seen too many people paid last or not at all.