The jurisdiction of the Admiralty Court in regard to possession and co-ownership is exercised for a fourfold purpose:
1. to place claimants in possession of a ship
2. or of the earnings of a ship to which they may be entitled
3. while protecting the interests of one or more co-owners as against others, to enable a ship to be employed
4. to examine accounts between co-owners, and to apportion the earnings after such examination.
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 read with Admiralty Court Act, 1861.
A ship can be arrested under admiralty jurisdiction for the above dispute.
If there is a dispute on possession, title, ownership, employment or earnings of a ship you have a right to arrest the ship or her sister ship under the Brussels or Geneva Conventions for ship arrests. If the ship or any of her sister ship is heading towards Indian territorial waters you can arrest her by obtaining an order of arrest under admiralty jurisdiction.
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..