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In an unpublished decision, the U.S. Court of Appeals for the Eleventh Circuit held that a ship arrest is invalid where there is no underlying maritime lien.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

Legal

Greek Coastguard Rescues 2,500 over Three Days

Greece's coastguard has rescued about 2,500 migrants and refugees off the country's eastern islands over the past three days, authorities said on Monday, as the

CMA CGM-led Consortium Win Box Terminal Bid

The consortium formed by CMA CGM, Bolloré and CHEC won the bid process initiated by the Cameroonian government Following the bidding procedure initiated by the Cameroonian government,

BIMCO Outlines LIS Week Schedule

BIMCO’s breakfast brief, titled “The Future Of Maritime Security” is aimed at CEOs and Directors who will have an opportunity to hear more on the latest threats

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Standards Naval Architecture Offshore Oil Pipelines Pod Propulsion Port Authority Ship Electronics Shipbuilding / Vessel Construction
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: 0.2190 sec (5 req/sec)