Ship Arrest Invalid

Monday, September 26, 2005
In an unpublished decision, the U.S. Court of Appeals for the Eleventh Circuit held that a ship arrest is invalid where there is no underlying maritime lien. In the instant case, plaintiff bunker supplier contracted to provide bunkers in Singapore to a Panamanian ship owned by a Maltese company. The contract was negotiated in Greece (where plaintiff was domiciled) and in Italy (where the ship owner was headquartered). Greek law was held to be controlling. The bunkers were delivered in accordance with the contract, but payment was never made. The ship was later sold. Plaintiff subsequently arrested the ship in the United States. The trial court dismissed the complaint and plaintiff appealed. The court held that, since the law of Greece does not provide a maritime lien for provision of necessaries, there was nothing underlying the arrest warrant. A maritime arrest only allows for execution of a lien, it does not create a lien. Vestoil, Ltd. v. M/V M Pioneer, No. 05-12183 (11th Cir. - HK Law)

Maritime Today

The Maritime Industry's original and most viewed E-News Service

Maritime Reporter November 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds


Canada to Aid Developing Nations Fight Climate Change

Canada will provide aid to developing countries to combat climate change, Prime Minister Justin Trudeau announced on Friday ahead of talks on global warming,

Lighter, Longer-lasting Laminate from Dimension-Polyant

Dimension-Polyant, part of the DEUTSCHE YACHTEN working group, has developed a longer-lasting but lighter surface laminate for the discerning owner and skipper,

Extended Warranty from Yanmar for Sailboat Engines

Yanmar Marine International B.V. has introduced an extended 3 years’ period of YANMAR Limited Warranty for Sailboat Engine Models. This extended warranty of

Maritime Careers / Shipboard Positions Maritime Security Navigation Offshore Oil Pipelines Port Authority Ship Electronics Ship Repair Ship Simulators Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0720 sec (14 req/sec)