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In an unpublished decision, the U.S. Court of Appeals for the Eleventh Circuit held that a ship arrest is invalid where there is no underlying maritime lien.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 Reporter February 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Petrobras Denies Hiring JPMorgan for License Sales

Petróleo Brasileiro SA denied on Friday that it has hired JPMorgan Chase & Co to handle the sale of oil exploration licenses in deep-sea areas off the coast this year.

USCG Makes Change in Fort Pierce Inlet Safety Zone

The Coast Guard has made a change in the Fort Pierce Inlet safety zone Thursday afternoon. Recreational vessels with less than six-foot draft are now allowed

Holland America Line Wins Cruise Critic Cruisers’ Choice Awards

Holland America Line won top honors in four categories in the 2015 Cruise Critic Cruisers’ Choice Awards. The premium cruise line took first place in Best Dining

 
 
Maritime Careers / Shipboard Positions Maritime Standards Naval Architecture Navigation Offshore Oil Pipelines Port Authority Ship Electronics Ship Repair Shipbuilding / Vessel Construction
rss | archive | history | articles | privacy | terms and conditions | 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: 0.0787 sec (13 req/sec)