Ship arrest is a provisional remedy used to secure a maritime claim. It is typically based on which grounds?

Ship arrest is a provisional remedy used to secure a maritime claim. It is typically based on which grounds?

• A. A maritime lien or a contractual obligation.
• B. A request from the port authority.
• C. Only on criminal charges.
• D. On a cargo value estimate.

Answer: (D)

Ship arrest as a provisional remedy is grounded in securing a valid maritime claim against the vessel. The claim may arise from a maritime lien that attaches to the vessel by operation of law (for example, salvage, collision damages, seamen’s wages, or certain supplies and services furnished to the vessel) or from a contractual obligation that gives rise to a maritime claim against the vessel or its owner. A cargo value estimate by itself does not create a lien or enforceable obligation against the vessel, so it cannot support an arrest. Port authority requests and criminal charges do not provide the civil maritime basis for arrest. So the correct basis is a maritime lien or a contractual obligation.

Ship arrest as a provisional remedy is grounded in securing a valid maritime claim against the vessel. The claim may arise from a maritime lien that attaches to the vessel by operation of law (for example, salvage, collision damages, seamen’s wages, or certain supplies and services furnished to the vessel) or from a contractual obligation that gives rise to a maritime claim against the vessel or its owner. A cargo value estimate by itself does not create a lien or enforceable obligation against the vessel, so it cannot support an arrest. Port authority requests and criminal charges do not provide the civil maritime basis for arrest. So the correct basis is a maritime lien or a contractual obligation.