Article 3—Exercise of right of arrest

• 1. Arrest is permissible of any ship in respect of which a maritime claim is asserted if:
  • (a) the person who owned the ship at the time when the maritime claim arose is liable for the claim and is owner of the ship when the arrest is effected; or
  • (b) the demise charterer of the ship at the time when the maritime claim arose is liable for the claim and is demise charterer or owner of the ship when the arrest is effected; or
  • (c) the claim is based upon a mortgage or a hypothèque or a charge of the same nature on the ship; or
  • (d) the claim relates to the ownership or possession of the ship; or
  • (e) the claim is against the owner, demise charterer, manager or operator of the ship and is secured by a maritime lien which is granted or arises under the law of the State where the arrest is applied for.
• 2. Arrest is also permissible of any other ship or ships which, when the arrest is effected, is or are owned by the person who is liable for the maritime claim and who was, when the claim arose:
  • (a) owner of the ship in respect of which the maritime claim arose; or
  • (b) demise charterer, time charterer or voyage charterer of that ship.

• 3. Notwithstanding the provisions of paragraphs 1 and 2 of this article, the arrest of a ship which is not owned by the person liable for the claim shall be permissible only if, under the law of the State where the arrest is applied for, a judgment in respect of that claim can be enforced against that ship by judicial or forced sale of that ship.

Introduction