Berlingieri on Arrest of Ships Volume 2
Arrest of the ship in respect of which the claim is asserted and arrest of sister ships
Article 3—Exercise of right of arrest
- 1. Arrest is permissible of any ship in respect of which a maritime claim is asserted if:
- (a) the person who owned the ship at the time when the maritime claim arose is liable for the claim and is owner of the ship when the arrest is effected; or
- (b) the demise charterer of the ship at the time when the maritime claim arose is liable for the claim and is demise charterer or owner of the ship when the arrest is effected; or
- (c) the claim is based upon a mortgage or a hypothèque or a charge of the same nature on the ship; or
- (d) the claim relates to the ownership or possession of the ship; or
- (e) the claim is against the owner, demise charterer, manager or operator of the ship and is secured by a maritime lien which is granted or arises under the law of the State where the arrest is applied for.
- 2. Arrest is also permissible of any other ship or ships which, when the arrest is effected, is or are owned by the person who is liable for the maritime claim and who was, when the claim arose:
- (a) owner of the ship in respect of which the maritime claim arose; or
- (b) demise charterer, time charterer or voyage charterer of that ship.
This provision does not apply to claims in respect of ownership or possession of a ship.