What is a ship arrest?
Ship arrest is a legal tool that enables operators who assert “a maritime claim” to guarantee its payment.
Ship arrest involves the detention of a vessel by judicial authorities as a guarantee for a maritime claim, in cooperation with the maritime authorities of the place of the vessel’s current location.
Why is ship arrest useful?
Given the usual shortness of the ships’ stays in ports and the internationality of the maritime sector as well as of its operators, the possibility to take a preventive and urgent legal action, such as ship arrest, facilitates guaranteeing of maritime of claims against shipowners.
What is the legal framework of ship arrest?
Spain regulates the ship arrest by means of international conventions and national laws.
The International Convention on Arrest of Ships (Geneva, 1999) is in force in Spain since 2011 and, with respect to national legislation, we must resort to the Maritime Navigation Act (Law 14/2014 of July 24) and the Civil Procedural Act (Law 1/2000 of January 7).
How can we help you?
Our multidisciplinary team of lawyers, comprising of professionals with accredited prestige and with a large trajectory as experts in Maritime Law, is here at your full disposal to assist you with any query or to initiate any action related to a ship arrest or to negotiate its release.
What are the effects of the ship arrest for shipowners?
This precautionary measure of detention of the vessel can be substituted by a security.
Once the ship arrest is placed, the shipowner will have to respond rapidly in order to deposit the security and make sure that the detention is limited to the minimum time possible, to avoid incurring damages and interests which will always arise from the inactivity of the vessel.
In case of wrongful arrest the shipowner will have an action for damages against the arrestor.
Contact AIYON Abogados
In AIYON Abogados we provide solutions in cases of ship arrest and its release.
The professionals of AIYON Abogados, S.L.P. integrate a “boutique law firm” that has gained their customers’ confidence and recognition in the sector. They constitute a team of experts in Maritime, Transport, International Trade and Insurance Law which makes compatible to handle national and international cases of great relevance with the defense of interests of clients of a very diverse profile. The key success factor is the direct and customized assistance to offer integral legal services provided twenty-four hours every day of the year.
Contact us now calling our offices located in Madrid, Bilbao, Algeciras and Cádiz.
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Integral and Permanent Legal Services 360º
Our team is permanently prepared and remain alert 24/7 to cover the needs of our clients, in particular those related to the handling of ship arrest and its release, since they usually require an urgent legal action.
Together with local court agents, we offer our services in any Spanish port from our offices located in Madrid, Cádiz, Bilbao and Algeciras; being all these venues especially active and relevant in the sector, with particular presence of maritime operators, P&I correspondents and marine insurers.
Furthermore, we also have an international coverage thanks to our collaborators with a network of prestigious law firms, who can assist the needs of our clients anywhere in the world in full cooperation with AIYON, also for the eventual case of ship arrest that may arise outside Spain.
To the experience and prestige of AIYON Abogados regarding ship arrest, we must add an acknowledged and long-standing professional career in the rest of the areas related to Maritime, Transport, International Trade and Insurance Law. In the rest of the fields of law in which we are not specialized, we collaborate with professionals of great reputation and knowledge, which allows us to offer 360º Integral Legal Services to our clients.
Our multidisciplinary team of lawyers remains at your entire disposal for any query.
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