Admiralty Judge Mr. Justice S.J. Kathawalla of the Bombay High Court ordered arrest of the Patrol vessel Seaman Guard Ohio, presently at V O Chidambaranar Port at Tuticorin, Tamil Nadu. Dr. Shrikant Hathi partner at Brus Chambers a shipping law firm acted under instructions of Future Tower International LLC for their claims against P.V. Seaman Guard Ohio on account of it having provided various services and supplies to vessels nominated or designated by Advanfort, the owner/ beneficial owner of the vessel. The supplies and services were in the nature of supplying ship crew, security guards, weapons etc to vessels to ensure their safety while plying dangerous waters, particularly where there is a risk of piracy.

Brus Chambers, is one of the few Indian law firm that have formed a completely independent wholly owned subsidiary law firm at United States of America Brus Chambers LLC as Full Service International Law Firm with its main office at New York providing local advice in its jurisdiction.

A study on the grounds for arrest of sister ship in India under admiralty jurisdiction, while analyzing the position of the arrest of associate ships, surrogate ships as well as ships under the same beneficial ownership, the world over and in Indian Admiralty Jurisdiction in specifc.

Ship arrest is the quickest way to obtain security for a claim or to negotiate for a settlement. Arrest may be a suitable remedy for creditors, such as owners that need to repossess the vessel under the charterparty, bunker or spare suppliers that have not been paid, a bank that has terminated the loan facility and wishes to draw on its mortgage or crew members that have outstanding wages. Ship arrest is a relatively easy, inexpensive and quick solution globally.

Ship Arrest in India and Admiralty Laws of India book updated to Eighth Edition. Although the focal points of Ship Arrest in India and Admiralty Laws of India are admiralty laws and procedures, this eighth edition book contains the entire gamut of admiralty edicts including ship arrest and substantive admiralty law prevalent in India, several new chapters are also introduced including procedures, summary and notes. Ship Arrest in India was accessible for private use only is now available for free to all also sharing the content database of Maritime Practice in India. The online edition includes a research engine wherefrom you can search for reported or unreported Indian Admiralty court orders or judgments, articles. This book is about a subject that has been lurking in the scourges of darkness of Indian maritime history for many decades. It provides an in-depth insight into Indian Admiralty law and procedures, thus placing maritime and admiralty practice at the threshold of the legal fraternity. This book is a compact, integrated guide to admiralty law and procedure in India. The primary purpose of this book is to better enlighten shipping and industry related professionals to take prompt and decisive decisions. We seek to clarify what the law requires, allow and prohibit, not to comment on how well it does so or whether what it should. We hope that this publication will contribute towards the realistic assessment and debate of the surrounding issues. This book is the first of its kind on admiralty laws published in India. Utility of the book with respect to a second central aim, to advance general understanding about the regulation of admiralty laws in India, is less apt to erode.

Brus Chambers has been recommended as a Top Tier Firm for shipping work in India. Dr. Shrikant Hathi of Brus Chambers is listed in the elite "Leading lawyers" list. Brus Chambers has also been recommended in the following seven practice areas in India , Corporate and M&A, Real estate, Projects and energy, Dispute Resolution, Insurance, Banking Finance and capital markets while four lawyers are recommended in The Asia Pacific Legal 500 2014 editorial.

Brus Chambers have plans to adopt aggressiveness business strategies for the year 2014, have categorised their plans into four categories: prospector, defender, analyzer, and reactor.

The firm proposes to use the prospector strategy through out the year 2014 in a constant manner while toggling between defender, analyzer and reactor mode, with plans to expand into new legal markets within its specialised practice and stimulate new opportunities to penetrate the market further to obtain additional and new market share for shipping, projects, international arbitration and commercial litigation work.

A study on the United Nations Model Convention on Double Taxation Avoidance Agreements. This article gives a brief introduction of the history of DTAA and proceeds to analyse each section therein, while laying down the steps that need to be followed while applying the convention to the assessee in order to gain the benefit of the double taxation Avoidance Agreements.

A study on the immediate as well as far reaching effects of allowing Foreign Direct Investments in the Multi Brand Retail in India, the changes brought forth in the FDI Policy of 2013, while analysing the current FDI scenario in the country.

A study on the legal impact when a ship is sold for scrap, the effect of arresting a ship under admiralty jurisdiction when a bill of entry is filed with the Customs for demolition, at what point of time is a ship no longer a ship and gets converted to ‘goods’ and the applicability of a maritimelien to such ‘goods’.

Comparative analysis on International Convention for the Unification of Certain Rules Relating to the Arrest of Seagoing Ships, Brussels, May 10, 1952 (the “Brussels Convention”) and International Convention on the Arrest of Shipssigned in Geneva in 1999 (the “Geneva Convention”), the similarities and differences between the two Conventions.

In India the concept of energy security can be defined as the availability of commercial energy at competitive prices to support its economic growth and meet the energy needs of its citizens.

A study on the possibility of arresting bunker on board the ship and sustaining the order of arrest under Admiralty jurisdiction, here the focus is also on de‐bunkering or redelivery of the bunker from ship. The study begins with a rough understanding of bunker fuel as other property. Claimants who have claims against the time charterers can arrest the bunker on board the chartered vessel if it can be shown that the bunker belongs to the time charterers. However, the court may refuse to issue a bunker arrest order if the potential damages to the ship‐owners or to the time charterers will outweigh any benefits which may be derived from securing the claimants claim by arresting the bunker.

The authors studies the possibility of arresting freight ‘which has not accrued’.

Brus Chambers has been recommended as a Top Tier Firm for shipping work in India. Dr. Shrikant Hathi of Brus Chambers is listed in the elite "Leading lawyers" list. Brus Chambers has also been recommended in the following seven practice areas in India , Corporate and M&A, Real estate, Projects and energy, Dispute Resolution, Insurance, Banking Finance and capital markets while six lawyers are recommended in The Asia Pacific Legal 500 2013 editorial.

Indian English daily newspaper Hindustan Times, Interviews Dr. Shrikant Hathi, partner at Brus Chambers, Advocates & Solicitors, who islisted consistently in the elite “Leading Lawyers” list as “Leading Individual”, by Legal 500 and many others since 2004 for shipping work in India, studies and understands about being a shipping lawyer. He is also a known figurefor project work in India. Hetalks about working on ship arrest,shipping litigation in India and balancing the amount of law involved with shipping nous he has developed.

Poundage is nothing but a fee or a charge and in admiralty matters the Sheriff is to be paid poundage of 1 percent. However there is a classic dispute arising in this regard. Does the Poundage have to be paid upon a service being rendered by the Sheriff or in all cases is a question which has yet not been concretely answered.

Analysing the situation where bunker suppliers claim remains unpaid when bunker is requisitioned by master of a ship while the ship is time chartered and the also when requisition is at the behest of the time charterer. Unpaid dues of Bunker Suppliers are secured by a maritime claim and/or a right to arrest the vessel in rem.

Ship Arrest in India and Admiralty laws of India located at http://www.admiraltypractice.com

A successful appeal in India on 14 October 2011 has led to three significant results: the possibility of a pan-India arrest jurisdiction when working through the Bombay High Court (for all other high courts, such as Calcutta, Chennai and Gujarat, jurisdiction is within state territorial waters only); that admiralty jurisdiction can be acquired when the warrant of arrest is executed on the ship even while it is outside territorial waters (whereas before, in India, this could only be executed when the vessel was in Indian waters); and the recognition that one-ship companies need to be scrutinised closely to ensure they are legal entities – or just shell companies being used to cover up the link between sister ships in order to avoid arrest of a sister ship.

Title to immovable property is ascertained by perusing relevant “Documents” and “Deeds” pertaining to such property. The term “Document” has very wide import. Under general law ‘document’ means any matter expressed or described up on any substance by means of letters, figures or mark for the purpose of recording that matter. The documents relating to property or commercial transactions are generally called Instruments or Deeds.

For the first Admiralty jurisdiction came to be invested in the Recorder's Court at Bombay which was established by a Charter dated 20th February, 1798. The Recorders' Court, however, was substituted by the Supreme Court of Judicature at Bombay which was established by Letters Patent Issued under the Charter of 1823. The Supreme Court of Judicature at Bombay was invested with the same jurisdiction on its Admiralty Side as the jurisdiction which was exercised by the High Court of admiralty in England.

P&I is a special type of marine insurance. It is a liability insurance that a prudent ship owner, manager or charterer needs, particularly if the ship is employed in international trade. P&I insurance cover a ship-owner or charterer for liabilities and losses in direct connection with the operation of the ship.

Questions and answers on ship arrest in India.

The earliest authenticated insurance contract (i.e. That which displays the characteristics of insurance in the sense of a transfer of risk of loss due to a fortuitous uncertain event in lieu of payment of consideration /premium), is a marine insurance contract on a ship. Marine Insurance is not of recent origin. Its existence can be traced back to several centuries. Questions concerning it have naturally been coming up for a number of years and the law concerning it had taken a definite shape much prior to 1906 when the English Marine Insurance Act was passed with a view to codify that law.

Which admiralty court in India one should approach for obtaining an order of arrest of a ship, Bombay High Court is preferred as order for arrest of a vessel obtained from the Bombay High Court can be executed anywhere in Indian territorial waters, wherever the vessel is found. However, this pan-India admiralty arrest jurisdiction is only with the Bombay High Court while other High Courts with admiralty jurisdiction i.e. Calcutta, Madras and Gujarat High and other admiralty courts jurisdiction is within their State territorial waters.

The arrest of the Chinese registered vessel, M.V. Tongli Yantai, at Chennai, India by the Bombay High Court in appeal filed by Great Pacific Navigation (Holdings) Corporation Ltd [(Great Pacific)] against M.V. Tongli Yantai, decided on 14th October 2011, highlights the importance of Pan-India ship arrest jurisdiction, Admiralty jurisdiction can be acquired if the writ or if the warrant of arrest is executed on the ship when it arrives within the territorial jurisdiction of the court, Lifting the corporate veil to establish beneficial ownership for the purpose of arresting a sister vessel-ship.

Investing in an entity in India or setting up a business entity in India has Procedural Complications. It is essential to primarily understand who can invest in India before getting into the procedural aspects of setting up an entity.

Frequently asked questions on ship arrest in India, arrest conventions, types of claims for which a a ship can be arrested, procedure for ship arrest, and all questions answered with regards to ship arrest.

The Indian courts possessing admiralty jurisdiction have jurisdiction to hear and determine any questions with regard to any questions with regard to any claim for necessaries supplied, including bunker to any ship.

India is ranked fourth in global oil consumption after US, China and japan while India's primary energy consumption increased by 9.16% in 2010-11.