The lien on cargo for general average charges can be exercised only by the shipowner in possession of the goods and, where necessary. it is his duty to other cargo owners to protect their interests by retaining possession of any goods in respect of which a contribution in G/A is outstanding. However, owing to the difficulty of assessing the amount of such contributions and the time required for general average adjustment, it is not usual for shipowners to avail themselves of the right of lien in these circumstances. The customary procedure is for the goods to be delivered in exchange for the security afforded by a general average bond, a general average deposit, or both.
Article 1 of the Brussel Arrest Convention and also of the Geneva Arrest Convention deals with the above subject maritime claim although the conventions has not been adopted by legislation, the principles incorporated are applicable as per Supreme Court of India judgments to invoke admiralty jurisdiction for ship arrest in India.
We know that there are very few solicitor/ law firms in our country practicing admiralty, shipping and maritime more particularly admiralty ship arrest or release, we understand this sector is complex and very technical owing to the possibility of wrongful arrest for any mistake whilst strategising arrest, therefore one simply cannot ignore to engage the best or a specialist in this sector.
If you have a claim or a dispute by which admiralty jurisdiction can be invoked to arrest a ship in India please feel free to email, write or call us to check if admiralty jurisdiction can be invoked. You may also check with us if you intend arresting a ship outside India.
A ship can be arrested anywhere in India under admiralty jurisdiction by obtaining order of arrest from respective High Court having admiralty jurisdiction. The vessel should be in State territorial waters of the High Court. Brus Chambers having associate offices in Port and Capital city in all State of India, can provide a single window service for ship arrest or release in India.
In ship arrest or release matters the firm advise on all types of disputes representing owners, charterers, suppliers, repairers, cargo owners and their insurers, including P & I clubs, banks, financial institution, mortgagors and conducts litigation.
Advice and assistance on all types of disputes and claims, including bunker dues, repairs, casualties, collision, limitation of liability, cargo, charterparty, jurisdiction, conflict of laws, bill of lading, carriage of goods, contract conditions, fire, liens, general average, containers, recoveries, subrogation, casualties, freight forwarders liabilities, multimodal and unimodal, insurance and reinsurance, commercial disputes, recovery of unpaid dues, towage, salvage, pilotage, grounding, commodity disputes, damage done or received by any ship, freight, hire, demurrage, laytime, masters and crew claims, necessaries, supplies, ownership, possession, building, equipping.
Brus Chambers has extensive experience and a global reputation of handling ship arrest and release and all other aspects of maritime matters and has dominated the Indian admiralty and shipping market.
Brus Chambers has practiced maritime law since the establishment of the firm in 1998 and its partners much prior to 1992; today we have a worldwide reputation as specialists in this area. Our partners regularly appear as recommended shipping specialists.