No action in rem takes place. Arrest as provisional seizure may be granted and enforced against a specific vessel as one of the debtor’s properties in order to secure the claims which may be admitted by the court at a later date. Arrest to implement maritime lien right, or to execute a final and conclusive court decision may also be granted. A writ can be served to her master as he is considered as the statutory authoritative agent for the owners when she is away from her registered port. A sister ship(s) may also be arrested, except in case of an application for arrest based on maritime lien.

A vessel can be arrested for any type of monetary claim against the owners. Maritime lien right enables claimants to arrest even a time chartered vessel on the basis of their claims owed by the time charterers.

The claim need not have fallen due: A claim subject to a condition precedent, a claim subject to time and even a surety’s right of future possible indemnification against the principal obligor are in advance allowed as claims for the purpose of provisional arrest (so far as it is evidently shown that unless an arrest is ordered at this stage the future enforcement of the claim be endangered).

Since a later increase of the claim amount may meet serious difficulty if the limitation of action expires before such increase, it is advisable that the claim be set out in the maximum possible amount.

It is only necessary to show the court the probability of a valid claim in order to secure arrest as provisional seizure. It is also necessary to show that unless an arrest is ordered the enforcement of the claim may be endangered (see also the description under the heading of “Difference in treatment of national vessels and foreign vessels”). It is recommended that documentary evidence has been prepared to fulfil the two above requirements in time.

The court usually requires security from the plaintiff in the event of arrest as provisional seizure, in addition to the court costs and so on, equivalent to roughly