Preliminary communication
https://doi.org/10.7225/toms.v01.n02.006
Arrest of Ships – The International Conventions on Arrest of Ships
Jelena Nikčević Grdinić
orcid.org/0000-0003-3817-3380
; University of Montenegro, Faculty of Maritime Studies, Dobrota 36, 85330 Kotor,Montenegro
Gordana Nikčević
; University of Montenegro, Faculty of Maritime Studies, Dobrota 36, 85330 Kotor,Montenegro
Abstract
This paper discusses the most important questions
concerning the temporary arrest of seagoing ships through
solutions given in the existing international conventions. Special
attention is given to the changes contained in the International
Convention on Arrest of Ships of 1999 that came into force on
14 September, 2011, compared to the previous Convention of
1952. The basic approach to the principle of temporary arrest
of ships remained unchanged according to the Convention of
1999 compared to the 1952 Convention. Still, temporary arrest
of ships can only be effected for maritime claims. Having in mind
that the 1999 Convention increases the number of maritime
claims in relation to the Convention of 1952, and in a way that
certain maritime claims that were previously considered claims
for purely business relationship, for which creditors had not been
able to enjoy the protection relating to arrest of the ship, are
deemed to be maritime claims. Changes were also made to the
right of re-arrest and multiple arrest of the ship. Convention of
1999 does not greatly alter the existing international regulations
as established by the previous Convention, but attempts to
additionally specify certain solutions contained in both the
Conventions, in terms of their improvement and modernization.
Keywords
Arrest of ships; Ship; International Arrest Conventions
Hrčak ID:
89214
URI
Publication date:
18.10.2012.
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