The Arrest Of Vessels Has Long Proven To Be A Controversial Exercise Essay

The Arrest Of Vessels Has Long Proven To Be A Controversial Exercise In The Law Of England And Wales - Essay Example Conclusion 6. Reflective review 7. Bibliography 1. Introduction a) Synopsis Pre-judgement security of claims and post-judgement execution of a suit are of importance in maritime law of any country. In both cases, it is the maritime creditor who is at the receiving end with concerns about the fulfilment of the credit extended to the debtor, as normally, most ships are credited and it is the concern of the creditor to realize the debt amount from the debtor. The concerns of the creditor become manifold when the debtor and the property under debt from the creditor are under litigation in the purview of the concerned admiralty law of the state. This calls for a study of the relevant processes and procedures involving the application of the international maritime laws to identify and evaluate the available methods and impact of the laws on the interests of the creditor and also the other related stakeholders of the ship1. Admiralty law derived from English law and the international mariti me law have relevant sections that state the process and procedures for the arrest of vessels, the ship owner and the ship which will be studied and which will be useful to understand the process of arrests, the ways in which the pre-judgement is carried to ensure that post-judgment is enabled after the suit is accepted and the litigations of the ship owners, creditors, sister ships, and also the issue of payment to the plaintiff and any other claimant of the property of the ship owner is carried with this knowledge. The Arrest Convention of 19522 and the ratified Arrest Convention of 19993,4,5,6 along with the Supreme Court Act 1981, at sect. 20(2)7 and sect. 218(1) will be studied to understand the probable scope and litigations arising out of the arrest of vessels as per the Admiralty law while considering its jurisdiction. This knowledge is used to suggest useful recommendations that can be practically implemented within the ambit of the English jurisdiction. The following secti ons discuss the aims and objectives of the paper, followed by a literature review of the laws of Admiralty, International Maritime Law, and the procedures for arrest, conflicts arising out of the etc. The research is commissioned by The British Shipowners' Federation and the report is targeted at outlining the effectiveness of arrest procedures in the UK and the possibilities for future reforms within the scope of international maritime law. b) Aims and objectives Aims- The aims of the research are to prepare a report for the British Shipowners’ Federation by: Exploring the literature available Admiralty Law and International Maritime Law based on English Law to develop critical competence of the information available and to reflect upon it Identify and evaluate the procedures for arrest of vessels in the British Admiralty Law and any conflicts with maritime laws of other countries Provide evidence for action research and need for critical reflection to recommend improvements to the Admiralty Law Objectives- To explore the different laws existing in relation to the arrest of vessels in the UK To identify any deviations in the British Admiralty Law from those of other countries that distinguishes between the procedures for vessel arrest To understand how the deviations in the laws concerning arrest of vessel impact the creditor or the ship owner To reflect upon the impact of the applicability of laws of the different countries on vessel arrest To plan and design a reflective learning report to improve