Maritime Claim
- Article 1 (1) of the Brussels and Geneva International Conventions on Arrest of
Ships defines 'Maritime Claim'.
Although the Brussel convention has not been adopted by legislation, the
principles incorporated in the International Convention relating to the
Arrest of Seagoing Ships, Brussels, 10 May 1952 are part of the common law
of India and applicable for the enforcement of maritime claims against
foreign ships as is held in m.v Elisabeth-v- Harwan Investment & Trading
Pvt Ltd., Goa. The Supreme Court of India in the matter of m.v. Sea Sucess
I has also held that the principles underlying the 1999 Geneva Arrest
Convention were applicable for ship arrest in India.
- The Indian Courts possessing Admiralty jurisdiction have jurisdiction
over the following claims and to hear and determine any questions with
regard thereto the claims as defined under Article 1 of the International
Convention for the Unification of Certain Rules relating to the Arrest of
Seagoing Ships, Brussels, May 10, 1952 ‘or’ under Article 1 of the
International Convention on the Arrest of Ships, Geneva, March 12, 1999 as
setout herein under:
Article 1 of the Brussels Arrest Convention
(a) damage caused by any ship either in collision or otherwise;
(b) loss of life or personal injury caused by any ship or occurring in
connection with the operation of any ship;
(c) salvage;
(d) agreement relating to the use or hire of any ship whether by
charterparty or otherwise;
(e) agreement relating to the carriage of goods in any ship whether by
charterparty or otherwise;
(f) loss of or damage to goods including baggage carried in any ship;
(g) general average;
(h) bottomry;
(i) towage;
(j) pilotage;
(k) goods or materials wherever supplied to a ship for her operation or
maintenance;
(l) construction, repair or equipment of any ship or dock charges and
dues;
(m) wages of Masters, Officers, or crew;
(n) Master’s disbursements, including disbursements made by shippers,
charterers or agents on behalf of a ship or her owner;
(o) disputes as to the title to or ownership of any ship;
(p) disputes between co-owners of any ship as to the ownership, possession
employment or earnings of that ship;
(q) the mortgage or hypothecation of any ship.
Article 1 of the Geneva Arrest Convention
(a) loss or damage caused by the operation of the ship;
(b) loss of life or personal injury occurring, whether on land or on
water, in direct connection with the operation of the ship;
(c) salvage operations or any salvage agreement, including, if applicable,
special compensation relating to salvage operations in respect of a ship
which by itself or its cargo threatened damage to the environment;
(d) damage or threat of damage caused by the ship to the environment,
coastline or related interests; measures taken to prevent, minimize, or
remove such damage; compensation for such damage; costs of reasonable
measures of reinstatement of the environment actually undertaken or to be
undertaken; loss incurred or likely to be incurred by third parties in
connection with such damage; and damage, costs, or loss of a similar
nature to those identified in this subparagraph (d);
(e) costs or expenses relating to the raising, removal, recovery,
destruction or the rendering harmless of a ship which is sunk, wrecked,
stranded or abandoned, including anything that is or has been on board
such ship, and costs or expenses relating to the preservation of an
abandoned ship and maintenance of its crew;
(f) any agreement relating to the use or hire of the ship, whether
contained in a charter party or otherwise;
(g) any agreement relating to the carriage of goods or passengers on board
the ship, whether contained in a charter party or otherwise;
(h) loss of or damage to or in connection with goods (including luggage)
carried on board the ship;
(i) general average;
(j) towage;
(k) pilotage;
(l) goods, materials, provisions, bunkers, equipment (including
containers) supplied or services rendered to the ship for its operation,
management, preservation or maintenance;
(m) construction, reconstruction, repair, converting or equipping of the
ship;
(n) port, canal, dock, harbour and other waterway dues and charges;
(o) wages and other sums due to the master, officers and other members of
the ship's complement in respect of their employment on the ship,
including costs of repatriation and social insurance contributions payable
on their behalf;
(p) disbursements incurred on behalf of the ship or its owners;
(q) insurance premiums (including mutual insurance calls) in respect of
the ship, payable by or on behalf of the shipowner or demise charterer;
(r) any commissions, brokerages or agency fees payable in respect of the
ship by or on behalf of the shipowner or demise charterer;
(s) any dispute as to ownership or possession of the ship;
(t) any dispute between co-owners of the ship as to the employment or
earnings of the ship;
(u) a mortgage or a "hypothèque" or a charge of the same nature on the
ship;
(v) any dispute arising out of a contract for the sale of the ship.
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- BCAS: 2102-1013
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