©2018 by Kegels & Co | Mechelsesteenweg 196 | -2018 Antwerpen - T: +32 (0)3 257 17 71 | F: +32 (0)3 259 20 79 | E: info@kegels-co.be | Disclaimer

Kegels & co has a long-time practice in the arrest of vessels. 

Please consider the following prior to contacting us in respect of the arrest of a vessel. It will enable us to proceed much faster.

 

 

1. YOU WANT TO ATTACH A VESSEL?

 

 

A. Information needed

 

In order to evaluate the possibility for arrest, please have following information at hand when you contact us:

  • Full name, identity and address of the claimant

  • Full name, identity and address of the ship-owner

  • Full name, identity and address of the debtor of the claim, (the debtor may be a person other than the owner of the vessel)

  • Description of the claim

  • Evidence establishing the claim

  • Possible correspondence with the debtor

  • A calculation of the claim (principal , interest, costs)

  • The name of the vessel

B. Is your claim a maritime claim?

In Belgium one may arrest a seagoing vessel for maritime claims only. These are the claims as listed in art. 1.1k of the 1952 Arrest Convention concluded in Brussels (signed in Brussels on May 10, 1952 and approved.

by the Act of March 14, 1961).

C. Vessels you may arrest for your claim

If one has a maritime claim the arrest may be on:

  • All the ships owned by the debtor of the claim, AND

  • The vessel in respect of which the maritime claim arose even if the debtor of the claim is not the owner.
    (Example: arrest of a vessel for claims against a charterer of that vessel)

 

D. Maritime claims

"Maritime claim" means a claim arising out of one or more of the following causes:

  • Damage caused by any ship either in collision or otherwise

  • Loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship

  • Salvage

  • Agreement relating to the use or hire of any ship whether by charter party or otherwise

  • Agreement relating to the carriage of goods in any ship whether by charter party or otherwise

  • Loss of or damage to goods including baggage carried in any ship

  • General average

  • Bottomry

  • Towage

  • Pilotage

  • Goods or materials wherever supplied to a ship for her operation or maintenance

  • Construction, repair or equipment of any ship or dock charges and dues

  • Wages of masters, officers or crew

  • Master's disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner

  • Disputes as to the title or ownership of any ship

  • Disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship

  • The mortgage or hypothecation of any ship.

 

2. YOUR VESSEL HAS BEEN ATTACHED?

 

We need all documents served on the vessel by a court bailiff (look for a document that somewhere mentions “GERECHTSDEURWAARDER")

Please provide us with these documents as soon as possible. Please also realize there are short time-bars to be respected in arrest matters. Speed may be of essence.

Once we have a copy of those documents we will be able to ask for the evidence from the arresting party. We will thereafter be able to advise you further.

Emergency Number:

 

+ 32 3 259 20 69

ARREST OF VESSELS