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In an unpublished decision, the U.S. Court of Appeals for the Eleventh Circuit held that a ship arrest is invalid where there is no underlying maritime lien.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 June 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

UASC and Hapag-Lloyd Merger in the Last Leap

A merger between United Arab Shipping Company (UASC)  and German container shipping line Hapag-Lloyd will create a shipping group that is the 5th largest in the

China Slams South China Sea Case as Court Set to Rule

An international court said on Wednesday it would deliver a hotly anticipated ruling in the Philippines' case against China over the South China Sea on July 12,

CMA CGM Crosses 91.05% Ownership Threshold of NOL

CMA CGM S.A has crossed the compulsory acquisition ownership threshold in Neptune Orient Lines Limited (NOL).    Following its all-cash voluntary conditional

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Pipelines Pod Propulsion Port Authority Ship Repair Ship Simulators Shipbuilding / Vessel Construction Sonar
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: 0.0527 sec (19 req/sec)