Salvor has a maritime lien on the salvaged property. A successful salvage claim requires three proofs: (1) marine peril; (2) voluntary service rendered when not required as an existing duty or from a special contract; and (3) success in whole or in part, or contribution to the success of the operation.
Admiralty action lies for any claim in the nature of salvage services rendered to a ship, whether such ship or vessel may have been within India or the high seas at the time when its services were rendered in respect of which the claim is made.
Salvage signifies the services rendered by a salvor, or, in its primary meaning, the reward to which he becomes entitled by reason of such services. All services rendered at sea to a vessel in danger or distress are salvage services, but the expression salvage services is especially used to indicate a voluntary personal services successfully rendered to property in danger at sea. Salvage in its simple character is the services which those who recover property from loss or danger at sea render to the owner, with the responsibility of making restitution and with a lien for their reward. This service entitles a salvor to a reward in a court exercising admiralty jurisdiction.
A ship can be arrested under admiralty jurisdiction for unpaid salvage dues.
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.