n Without Prejudice - Arresting a ship? : maritime law
|Article Title||Arresting a ship? : maritime law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Author||Andrew Clark and Tamryn Viljoen|
|Publication Date||Dec 2015|
|Pages||14 - 16|
The ability of a creditor to arrest a ship is a concept that is internationally accepted, and has developed over centuries. The arrest and judicial sale of a ship is a practical and effective means of enforcing a claim or resolving a dispute where jurisdictional difficulties arise, as debtors in maritime disputes are often extra-territorial. However, the arrest and subsequent judicial sale of a ship may infringe on the owner's right to own the ship and to be protected against its arbitrary deprivation in cases where the owner was not the debtor.
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