By a mortgage the mortgagee acquires a right to the ownership of a vessel in a certain event, namely, on default of payment of principal and interest, since it is a transfer of all the mortgagor's interest by way of security for the payment of a loan. Mortgagee by reason of his mortgage shall not be deemed to be the owner of the ship, the mortgagor remains the dominus of the ship with regard to everything connected with its employment until the moment arrives when the mortgagee takes possession. The mortgagor therefore does not cease to be the owner of such mortgaged ship except so far as may be necessary for making it available as a security for the mortgage debt. From this it necessarily follows that a mortgagee cannot bring an action of restraint as if he were a co-owner. The mortgagee under a mortgage of a ship becomes entitled to have as part of his security all the articles necessary to the navigation of the vessel, such as sails, lights, whether on board at the date of the mortgage, or placed on board subsequently and he becomes entitled to to the freight due when he takes actual or constructive possession of his security, he cannot, therefore, recover from the mortgagor any freight which he has allowed him to receive since the date of the loan, and before he take possession. Nor can the charterers take from the freight payable by them any sum in respect of advances which the master has agreed shall be deducted from such freight, for the sum which it is agreed by the charterparty shall be advanced and taken from the freight is the only amount by which the freight may be reduced. Nor can suppliers of coal obtain a deduction of the price thereof from freight, even though the coal was consumed in earning it, where the coal was sold to and was the property of the mortgagees. A ship can be arrested under admiralty jurisdiction for the above.
You have a right to arrest the ship or her sister ship under the Brussels or Geneva Conventions for ship arrests. If the ship or any of her sister ship is heading towards Indian territorial waters you can arrest her by obtaining an order of arrest under admiralty jurisdiction preferably from Bombay High Court and execute the order of arrest on the ship wherever she is found in Indian territorial waters. You can also obtain an order of arrest of the ship from other high courts in India having admiralty jurisdiction but these courts have only territorial jurisdiction unlike Bombay High Court that has pan-India jurisdiction for ship arrest.
We know that there are very few solicitor/ law firms in our country practicing admiralty, shipping and maritime more particularly admiralty ship arrest or release, we understand this sector is complex and very technical owing to the possibility of wrongful arrest for any mistake whilst strategising arrest, therefore one simply cannot ignore to engage the best or a specialist in this sector.
If you have a claim or a dispute by which admiralty jurisdiction can be invoked to arrest a ship in India please feel free to email, write or call us to check if admiralty jurisdiction can be invoked. You may also check with us if you intend arresting a ship outside India.
A ship can be arrested anywhere in India under admiralty jurisdiction by obtaining order of arrest from respective High Court having admiralty jurisdiction. The vessel should be in State territorial waters of the High Court. Brus Chambers having associate offices in Port and Capital city in all State of India, can provide a single window service for ship arrest or release in India.
In ship arrest or release matters the firm advise on all types of disputes representing owners, charterers, suppliers, repairers, cargo owners and their insurers, including P & I clubs, banks, financial institution, mortgagors and conducts litigation.
Advice and assistance on all types of disputes and claims, including bunker dues, repairs, casualties, collision, limitation of liability, cargo, charterparty, jurisdiction, conflict of laws, bill of lading, carriage of goods, contract conditions, fire, liens, general average, containers, recoveries, subrogation, casualties, freight forwarders liabilities, multimodal and unimodal, insurance and reinsurance, commercial disputes, recovery of unpaid dues, towage, salvage, pilotage, grounding, commodity disputes, damage done or received by any ship, freight, hire, demurrage, laytime, masters and crew claims, necessaries, supplies, ownership, possession, building, equipping.
Brus Chambers has extensive experience and a global reputation of handling ship arrest and release and all other aspects of maritime matters and has dominated the Indian admiralty and shipping market.
Brus Chambers has practiced maritime law since the establishment of the firm in 1998 and its partners much prior to 1992; today we have a worldwide reputation as specialists in this area. Our partners regularly appear as recommended shipping specialists..