1.HISTORY OF THE CONVENTIONS

History of the 1952 Arrest Convention

1.The CMI Conference of 1930 in Antwerp

2.The preparatory work for a draft Convention on arrest of ships

3.The CMI Conferences of 1933 in Oslo and of 1937 in Paris

4.The CMI Conferences of 1947 in Antwerp,of 1949 in Amsterdam and of 1951 in Naples

5.The Brussels Diplomatic Conference,2-10 May 1952

History of the 1999 Arrest Convention

6.The work of the CMI

7.The work of the Joint International Group of Experts on Maritime Liens and Mortgages and Related Subjects (JIGE)

8.The Geneva Diplomatic Conference,1-12 March 1999

2.IMPLEMENTATION OF THE CONVENTIONS BY CONTRACTING STATES

9.Introduction—Methods of implementation

Implementation of the 1952 Arrest Convention

10.How the Convention has been implemented

(a)States that have given force of law to the Convention

(b)States that have incorporated the provisions of the Convention (or some of them) into their national law

Implementation of the 1999 Arrest Convention

11.Introduction

12.States that have given force of law to the 1952 Convention

13.States that have incorporated the provisions of the 1952 Convention (or some of them) into their national law

3.THE MARITIME CLAIMS

14.The chapeau of the article

Article 1(1) of the 1952 and of the 1999 Conventions

15.The individual maritime claims

Damage caused by a ship

(a)1952

(a)1999

Loss of life

(b)1952

(b)1999

Salvage

(c)1952

(c)1999

Pollution damage

(d)1999

Wreck removal

(e)1999

Use or hire of a ship

(d)1952

(f)1999

Carriage of goods (and passengers)

(e)1952

(g)1999

Loss or damage to goods and baggage

(f)1952

(h)1999

General average

(g)1952

(i)1999

Bottomry

(h)1952

Towage

(i)1952

(j)1999

Pilotage

(j)1952

(k)1999

Supplies

(k)1952

(l)1999

Construction and repair

(l)1952

(m)1999

Port and similar dues

(n)1999

Wages

(m)1952

(o)1999

Disbursements

(n)1952

(p)1999

Insurance premiums

(q)1999

Commissions,brokerage and agency fees

(r)1999

Disputes as to ownership

(o)1952

(s)1999

Disputes between co-owners

(p)1952

(t)1999

Mortgage or hypotheque

(q)1952

(u)1999

Sale of the ship

(v)1999

4.DEFINITIONS OF "ARREST","PERSON","CLAIMANT" AND"COURT"

16.Definition of arrest

1952 Convention

1999 Convention

17.Definition of person

1952 Convention

1999 Convention

18.Definition of claimant

7952 Convention

1999 Convention

19.Definition of court

1999 Convention

5.CLAIMS IN RESPECT OF WHICH A SHIP MAY BE ARRESTED

20.Arrest in respect of maritime claims

1952 Convention

1999 Convention

6.ARREST OR DETENTION BY PUBLIC AUTHORITIES

1952 Convention

21.Introduction

22.International Conventions and agreements

23.National laws

1999 Convention

24.Ships detained or prevented from sailing by public authorites

25.Ships under arrest adversely affecting the use of the port installations

7.ARREST OF A SHIP READY TO SAIL

1952 Convention

26.When arrest is permitted

1999 Convention

27.Deletion of the provision and its implications

8.ARREST OF THE SHIP IN RESPECT OF WHICH THE CLAIM IS ASSERTED

28.Introduction

29.Appurtenances not owned by the owner of the ship

30.Relation between the claim and a particular ship

1952 Convention

1999 Convention

31.Relation between the person liable and the ship

(a)Claims against the owner of the ship

1952 Convention (Article 3(1))

1999 Convention (Article 3(1))

(b)Claims against the demise charterer of the ship

7952 Convention (Article 3(4))

7999 Convention (Articles 3(1)(b) and 3(3))

(c)Claims based upon a mortgage,"hypofheque" or charge on the ship

1952 Convention (Article l(l)(q))

1999 Convention (Article 3(l)(c))

(d)Claims relating to the ownership or possession of the ship

7952 Convention (Article 1(1)(o) and (p))

1999 Convention (Article 3(1)(d))

(e)Claims secured by a maritime lien

1952 Convention (Article 3(1))

7999 Convention (Article 3(1)(e))

9.ARREST OF "SISTER" SHIPS

Article 3(1),(2) and (4) of the 1952 Convention

32.Introduction

33.When ships must be deemed to be in the same ownership

Article 3(2) of the 1999 Convention

34.The sister ship rule under the 1999 Convention

10.ARREST OF ASSOCIATED SHIPS

1952 Convention

35.Is piercing the corporate veil prohibited by the Convention?

36.A review of national jurisprudence

37.Conclusions

38.State owned ships

1999 Convention

39.The U.K. proposal on associated ships—consequences of its rejection

11.WHEN ARREST OF "SISTER" SHIPS NOT PERMITTED

40.The maritime claims in respect of which the prohibition applies

1952 Convention

1999 Convention

12.ARREST OF SHIPS OWNED BY THE CHARTERER IN RESPECT OF CLAIMS OF THE OWNER OF THE CHARTERED SHIP

41.An analysis of the jurisprudence

42.Some considerations on this problem

13.RIGHT OF REARREST AND MULTIPLE ARREST

Article 3(3) of the 1952 Convention

43.The reason for the prohibition

44.The exceptions to the general rule

Article 5 of the 1999 Convention

45.An analysis of the specific exceptions

14.JURISDICTION FOR THE ARREST

Article 4 of the 1952 Convention

46.Introduction

47.An analysis of the relevant issues

(a)Judicial authority

(b)Authority having jurisdiction

(c)Jurisdiction before the arrival of the ship

(d)Arrest pursuant to an order of a foreign court

(e)Choice of the judicial authority of the State in the jurisdiction of which the arrest is made

(f)Jurisdiction for arrest when the court has no juridiction on the merits

(g)Jurisdiction for arrest when the court has jurisdiction on the merits but the ship is not within its jurisdiction

(h)Jurisdiction for arrest when a decision on the merits has already been obtained

(i)Lis pendens—Related actions

Article 2 of the 1999 Convention

49.A review of the same issues

15.RELEASE OF THE SHIP FROM ARREST

Articles 3(3),5 and 7(4) of the 1952 Convention

49.Introduction

50.An analysis of the relevant situations

(a)Release of a ship from subsequent arrest

(b)Release after provision of security

(c)National rules on the provision of security

(d)Failure to bring proceedings on the merits within the time limit fixed by the court

(e)Constitution of the limitation fund

(f)Bankruptcy

(g)Forced sale

Article 4 of the 1999 Convention

51.Release of the ship from arrest

(a)Release after the provision of security

(b)Release from subsequent arrest

(c)Failure to bring proceedings on the merits within the time fixed by the court

52.Release of the security

(a)Provision of security in a State Party

(b)Provision of security in a non-Party State and in a State Party

16.WHEN THE RELEASE OF A SHIP UNDER ARREST IS NOT PERMITTED

Article 5 of the 1952 Convention

53.The reasons for the exception

54.Trading of a ship under arrest

Article 4(1) of the 1999 Convention

55.Reinstatement of the existing rule

17.LIABILITY FOR WRONGFUL ARREST

Article 6 of the 1952 Convention

56.The history of the rule

57.A review of national rules

58.Security for damages

Article 6 of the 1999 Convention

59.An analysis of the rule in the light of its history

18.PROCEDURE RELATING TO THE ARREST

Article 6 of the 1952 Convention

60.Conditions for obtaining the authority

61.Enforcement of the arrest

62.National rules

Article 2(3-4) of the 1999 Convention

63.Conditions for obtaining the authority

64.Enforcement of the arrest

19.JURISDICTION ON THE MERITS

Article 7 of the 1952 Convention

65.Introduction and general comments

66.Conflict with other conventions and with EC Regulation 44/2001

(a)EC Jurisdiction Convention and Lugano Convention

(b)CLC 1992

(c)Hamburg Rules

(d)Athens Convention 1992

(e)EC Regulation 44/2001

67.The individual links

(a)Habitual residence or principal place of business of the claimant

(b)Claims arising in the country in which the arrest is made

(c)Claims concerning the voyage of the ship during which the arrest is made

(d)Claims arising out of a collision or in circumstances covered by Article 13 of the 1910 Collision Convention

(e)Salvage claims

(f)Claims upon a mortgage or hypothecation of the ship

Article 7 of the 1999 Convention

68.The analysis of the provision in the light of its history

69.Conflict with other conventions and with the EC Regulation 44/2001

(a)EC Jurisdiction Convention and Lugano Convention

(b)CLC 1992

(c)Hamburg Rules

(d)Athens Convention 2002

(e)EC Regulation 44/2001

20.RECOGNITION AND ENFORCEMENT OF JUDGMENTS

Article 7(5-6) of the 1999 Convention

70.The history of the provision

21.SCOPE OF APPLICATION

Article 8 of the 1952 Convention

71.Introduction

72.The notion of ship

73.The flag as the symbol of nationality

74.Ships flying the flag of Contracting States

75.Ships flying the flag of non-Contracting States

76.Exclusions from the scope of application

(a)Exclusion of Governments of non-Contracting States and persons who do not have their habitual residences or principal place of business in a Contracting State

(b)Exclusion of the arrest of ships within the jurisdiction of the flag State by a person having his habitual residence or principal place of business in that State

(c)Exclusion of the application of Article 7 to cases covered by the Rhine Navigation Convention of 1868

Article 8 of the 1999 Convention

77.The general rule

78.Exceptions to the general rule

(a)Arrest of a ship within the jurisdiction of the flag State by a person having his habitual residence or principal place of business in that State

(b)State-owned ships

(c)Ships under arrest adversely affecting the use of the port installations

(d)Ships in respect of which the limitation of liability is invoked

(e)Ships owned by a person subject to bankruptcy or similar proceedings

APPENDICES

Ⅰ.International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships,1952

English text

French text

Ⅱ.Questionnaire Ⅰ on the Implementation of the 1952 Arrest Convention and Replies

Ⅲ.Questionnaire Ⅱ on the Implementation of the 1952 Arrest Convention and Replies

Ⅳ.Report of the United Nations/International Maritime Organization Diplomatic Conference on Arrest of Ships

Chapter Ⅰ Final Act of the United Nations/International Maritime Organization Diplomatic Conference on Arrest of Ships

Chapter Ⅱ Preparation and Adoption of a Convention on Arrest of Ships

Chapter Ⅲ Organizational matters

French text of the 1999 Convention

Spanish text of the 1999 Convention

Ⅴ.International Convention Relating to the Arrest of Sea-Going Ships,1952—A comparison with the 1999 Convention

Ⅵ.Decision 487 of La Comunidad Andina

Ⅶ.The Travaux Preparatories of the International Convention on Arrest of Ships

Index