Ship Arrest: A Guide to Maritime Claims, Security and Wrongful Arrest

This guide explains how ship arrest works under English law and the international Arrest Conventions: which maritime claims qualify, whose ship can be arrested, how security and release work, when an arrest is wrongful, and what happens if nobody pays.

What is ship arrest?

Ship arrest is the detention of a ship by court order to secure a maritime claim. The West of England P&I Club describes an arrest as a court order detaining a ship in support of a "maritime claim" against the shipowner, and notes that a detention without a court order or warrant is likely to be unlawful rather than a true arrest.

In England and Wales the arrest is a step in an action in rem, a claim brought against the ship itself rather than only against its owner. The Senior Courts Act 1981, section 21 allows the High Court's Admiralty jurisdiction to be exercised both in personam, against a person, and in rem, against the ship or other property connected with the claim. Once the ship is under arrest it cannot be moved without the court's permission, and it stands as security for whatever judgment the claimant eventually obtains.

A civil ship arrest is different from a ship being seized by a state. Customs detentions, port state control detentions and seizures linked to sanctions regimes, such as the measures discussed in our guide to secondary sanctions on Iran, are exercises of public power. A ship arrest is a private law remedy, started by a creditor, decided by a court and ended by security, payment, release or sale. Owners facing either kind of detention usually need maritime and shipping lawyers in the port concerned, because the rules are local.

Why claimants arrest ships

Claimants arrest ships because a ship is often the only valuable, reachable asset of a single-ship owning company. Many vessels are owned by companies whose only asset is the ship itself, so a judgment against the company alone may be worthless once the ship has sailed.

An arrest achieves three things. First, it creates security: the ship, or the security given to release it, is available to satisfy the claim. Second, it creates commercial pressure, because every day under arrest costs the owner hire, port charges and goodwill with charterers and cargo interests. Third, it can secure a claim that will be decided somewhere else. English law allows the court to keep a ship under arrest, or to keep the security given for its release, even where the dispute itself must go to arbitration or to a foreign court, a point covered below.

The commercial context matters. Where a vessel trades in areas covered by additional premiums, such as those discussed in our guide to what war risk insurance covers, delay costs are higher still, and owners have every incentive to post security quickly. That is why many arrests end not with a trial but with security, most often a letter of undertaking.

Which maritime claims allow a ship arrest in England

A ship can only be arrested in England for a claim that falls within the Admiralty jurisdiction listed in section 20(2) of the Senior Courts Act 1981. The list runs from paragraph (a) to paragraph (s), with no paragraph (i), and it covers most of the disputes that arise in shipping. An ordinary trade debt with no connection to a ship, such as an unpaid office lease, does not qualify.

Paragraph	Type of claim	Typical claimant
(a) to (c)	Ownership or possession of a ship, co-ownership disputes, mortgages and charges	Buyers, co-owners, ship financiers
(d), (e)	Damage received by a ship, damage done by a ship	Owners of the other vessel in a collision, port owners
(f)	Loss of life or personal injury caused by the ship or its operation	Crew, passengers, stevedores
(g), (h)	Loss of or damage to goods carried in a ship; agreements for the carriage of goods or the use or hire of a ship	Cargo owners, charterers, shipowners claiming hire
(j) to (l)	Salvage, towage and pilotage	Salvors, tug operators, pilots
(m), (n)	Goods or materials supplied for the ship's operation or maintenance; construction, repair or equipment; dock charges and dues	Bunker suppliers, chandlers, shipyards, ports
(o), (p)	Master's and crew wages; disbursements by the master, shippers, charterers or agents	Crew, ship agents
(q), (r)	General average and bottomry	Cargo interests, average adjusters
(s)	Forfeiture or condemnation of a ship or goods, and droits of Admiralty	The Crown and claimants to seized property

Cargo claims under paragraphs (g) and (h) are among the most common reasons for an arrest, and they sit alongside the liability regime of the Hague and Hague-Visby Rules, whose history we covered in our piece on the Hague Rules centenary. Cargo interests weighing an arrest often instruct carriage of goods specialists alongside Admiralty litigators, because the underlying claim and the arrest move on different timetables.

Whose ship can be arrested: owners, charterers, sister ships and maritime liens

Under English law the right ship to arrest depends on who is liable for the claim and who owns the ship when the claim form is issued. For most claims, those in paragraphs (e) to (r) of the list, section 21(4) sets a two-stage test.

• When the claim arose. The person who would be liable in personam, called the "relevant person", must have been the owner or charterer of the ship, or in possession or control of it.
• When the action is brought. The claimant may proceed against that ship if the relevant person is then its beneficial owner as respects all the shares in it, or its charterer by demise.
• Sister ships. Alternatively, the claimant may proceed against any other ship of which the relevant person is, when the action is brought, the beneficial owner as respects all the shares.

The practical consequence is significant. A time charterer who orders bunkers and fails to pay is a "relevant person" when the debt arises, but the chartered ship can only be arrested in England if, when the action is brought, the time charterer is its beneficial owner or demise charterer. Usually it is neither, so the unpaid supplier must look elsewhere, for example to a ship that the charterer itself owns.

Section 21(8) adds a single-arrest rule: once one ship has been served or arrested for one of these claims, no other ship may be served or arrested for the same claim. A claimant therefore has to choose its target carefully.

Maritime liens are the exception to the ownership rules. Under section 21(3), where a maritime lien or other charge exists over a ship for the amount claimed, an action in rem may be brought against that ship. The British Maritime Law Association has confirmed that the claims which carry a maritime lien in English law all appear in the section 20(2) list. Internationally, the 1999 Arrest Convention likewise treats claims secured by a maritime lien as an exception to the rule that the owner must be personally liable, which is why liens matter so much when a ship has been sold since the claim arose.

The Arrest Conventions 1952 and 1999 compared

Two international conventions shape ship arrest law around the world: the 1952 Brussels Convention and the 1999 Geneva Convention that was designed to replace it. According to the UN Audiovisual Library of International Law note on the 1999 Convention, about 75 States had ratified or acceded to the 1952 Convention, while the 1999 Convention was adopted on 12 March 1999 and entered into force on 14 September 2011 after ten States joined it.

The British Maritime Law Association has noted that the 1952 Convention has been incorporated into English law, so arrest is available whenever an action in rem against a ship is available. The differences between the two conventions matter most when a ship is in a port that has adopted the 1999 text.

Issue	1952 Convention	1999 Convention
Maritime claims	List widely criticised as incomplete and outdated	Wider closed list, with open-ended environmental claims
Who may be arrested	Unclear whether the owner must be personally liable	Ship whose owner when the claim arose is liable and still owns it at arrest, with exceptions including demise charterers and maritime liens
Sister ships	Permitted	Any other ship owned by the liable person, if that person was owner or demise, time or voyage charterer when the claim arose
Rearrest for the same claim	Not permitted	Allowed if security is inadequate, the provider is unlikely to pay, or the ship was released beyond the claimant's control
Wrongful arrest	Left entirely to the law of the court hearing the case	Court may require counter-security; liability for wrongful or unjustified arrest and excessive security decided by the law of the arresting State

Under article 4 of the 1999 Convention, release on sufficient security is mandatory and, if the parties cannot agree, the court fixes the form and amount, which cannot exceed the value of the arrested ship. The UN note also records that "piercing the corporate veil" to reach ships owned by associated companies is left to national law under the 1999 Convention. Some jurisdictions go further than England here: the West of England P&I Club points to South Africa as a country that permits associated ship arrests.

How to arrest a ship in England, step by step

Arresting a ship in England follows Part 61 of the Civil Procedure Rules and is, in the British Maritime Law Association's words, largely an administrative process: there is no hearing on the merits before the warrant issues. The main steps under CPR Part 61 are as follows.

1. Issue an in rem claim form naming the ship, within the Admiralty jurisdiction.
2. Search the Register of cautions against arrest and release, which the rules require before a warrant is issued.
3. File a declaration in the form set out in Practice Direction 61, giving the particulars that justify the arrest, including the grounds for any sister ship arrest.
4. Give consular notice where required. For certain State-owned ships and for foreign ships from States covered by an order under the Consular Relations Act 1968, a warrant cannot issue until notice has been given, and in the latter case until two weeks after notice to the consul, unless the court gives permission.
5. Obtain the warrant of arrest. A warrant is valid for 12 months but may only be executed if the claim form has been served or remains valid for service.
6. Execution by the Admiralty Marshal. Property may only be arrested by the Marshal or the Marshal's substitute, and the arrested ship may be immobilised or prevented from sailing.
7. Serve and proceed. The in rem claim form must be served within 12 months of issue, and an acknowledgment of service is due within 14 days of service. If no one defends, the claimant can seek judgment in default by proving its claim to the court's satisfaction.

The British Maritime Law Association has also recorded that an arresting claimant is not normally required to give counter-security for any damages caused by a wrongful arrest. That is a key difference from many civil law systems and from the 1999 Convention, under which the court has a discretion to demand it.

Caution against arrest: how owners can pre-empt an arrest

A caution against arrest is a filing in the court's Register that tells would-be claimants a ship's owner will provide security, so an arrest becomes unnecessary. Under CPR rule 61.7, any person may request one by undertaking to acknowledge service of any claim and to give sufficient security to satisfy the claim with interest and costs. A caution lasts 12 months and can be renewed for a further 12 months.

A caution does not make a ship immune. The rules state that property may still be arrested if a caution is in place, but the court may then discharge the arrest and order the arresting party to compensate the owner. Owners and their insurers often file cautions for ships that call frequently at English ports, or when a dispute is brewing and they want to avoid a sudden detention.

The mirror image is a caution against release. Anyone claiming an in rem right against a ship already under arrest may file one, so that it is notified before the ship is released. A cautioner who holds up a release without good reason can be ordered to pay damages for the delay.

Security and release of an arrested ship

An arrested ship is normally released once the owner provides security that the arresting party, or the court, accepts as sufficient. Under CPR rule 61.8, release follows a court sale, a court order, a joint request by the arresting party and all cautioners, or a request backed by the appropriate undertaking and consents.

The form of security is usually agreed between the parties. The West of England P&I Club identifies club letters of undertaking, bank guarantees, bail bonds, insurer bonds and cash deposits as the usual options.

Form of security	How it works	Points to watch
P&I club letter of undertaking	The owner's club promises to pay any judgment or settlement up to an agreed sum	Fast and usually free, but club support is discretionary and some civil law courts do not accept it
Bank guarantee	A bank guarantees payment on the agreed triggers	Costs fees and ties up credit lines; often demanded where club letters are not accepted
Cash deposit or payment into court	Funds held to meet the claim	Certain for the claimant, expensive in liquidity for the owner
Insurer bond or bail bond	An insurer or surety backs the obligation	Wording and acceptability vary by jurisdiction

On amount, the West of England P&I Club explains that arresting parties can typically claim security for their reasonably arguable best case, plus interest and costs, but security will generally not exceed the value of the ship or any statutory limitation amount. The club also stresses that providing security for a member is discretionary, and normally depends on the claim being one the club covers and on calls having been paid, which is why owners should speak to their insurance advisers and club as soon as an arrest happens.

English law lets the court adjust security afterwards. Under CPR rule 61.6, the court may order security to be reduced, or increased with permission to re-arrest, but it may not order an increase that would take total security above the value of the property at the time of the original arrest.

Wrongful arrest of a ship

In England, damages for wrongful arrest of a ship are only available where the arrest was made in bad faith (mala fides) or with gross negligence (crassa negligentia). The British Maritime Law Association summarises the test as an arrest made by a party with no honest belief in its entitlement, or with so little basis that it either had no such belief or ignored whether adequate grounds existed. A claim that simply fails on its merits does not make the arrest wrongful.

The West of England P&I Club notes that the burden of proof sits with the owner and is hard to discharge, so such claims often fail. That answers a common question: there is no fixed tariff of compensation for wrongful arrest in the UK, and in most cases there is no compensation at all unless bad faith or gross negligence can be shown. The main exceptions in the rules are an arrest made despite a caution against arrest, where the court may order compensation, and a caution against release maintained without good reason, which can lead to damages for delay.

Elsewhere the position can be tougher for claimants. Under article 6 of the 1999 Convention, the court of the arresting State may require the claimant to provide security for the owner's potential losses, and the claimant can be liable for a wrongful or unjustified arrest or for demanding excessive security, under that State's law. Owners who believe an arrest is unjustified should take advice from dispute resolution lawyers with Admiralty experience before deciding whether to post security or challenge the warrant.

Arresting a ship in support of arbitration or foreign proceedings

A claimant can arrest a ship in England even where the merits must be decided by arbitrators or by a foreign court, and keep the security. Most charterparties contain arbitration clauses, so this is a routine situation.

Where Admiralty proceedings are stayed in favour of arbitration, section 11 of the Arbitration Act 1996 allows the court to order that the arrested property be retained as security for any award, or to make the stay conditional on equivalent security being provided. Where proceedings are stayed or dismissed because the dispute belongs in the courts of another country, section 26 of the Civil Jurisdiction and Judgments Act 1982 gives the court the same powers for any resulting judgment, and the court may attach conditions, such as time limits for starting proceedings abroad.

The choice of arbitral seat and the enforceability of the eventual award then become central. Our guides to the seat and venue of arbitration, to enforcing arbitration awards internationally and to enforcing a foreign judgment explain the next stages once the arrest has secured the claim.

Judicial sale: what happens if no security is posted

If the owner neither pays nor provides security, the claimant can ask the court to sell the ship and pay claims from the proceeds. Under CPR rule 61.10, any party to an in rem claim may apply at any stage for the ship to be surveyed, appraised and sold. The court can set a deadline for other claimants to file claims against the proceeds, decide priorities between them, and pay out only to judgment creditors.

Judicial sales usually happen when the owner is insolvent or has abandoned the ship, often alongside formal insolvency processes like those described in our guide to what happens when a company goes into administration. Once a ship is sold, creditors pursue the fund held by the court rather than the ship, so filing a claim against the proceeds before the court's deadline is essential.

Timings vary by port. The Gibraltar Port Authority says most arrested ships there are sold by sealed-bid auction within six to eight weeks once the claim has been proved and judgment given, while a private sale to a buyer the arresting party has already found can be sought within days, although not every court now approves such sales. In Gibraltar, two ship keepers are placed on board, and if the claim succeeds the cost of crew welfare and wages is paid from the sale proceeds.

Ship arrest in Singapore and Gibraltar

Ship arrest procedure is local, so the practical steps change from port to port even where the law has English roots. Singapore and Gibraltar show the range.

In Singapore, the courts' guidance on Sheriff's services in admiralty actions requires the arresting party to appoint a security agency from the court's panel, tell the Sheriff's Office before the warrant is executed, arrange vessel watch services with daily location updates, and notify the Maritime and Port Authority of Singapore, the Immigration and Checkpoints Authority and the Police Coast Guard. Most panel security firms charge about S$540 to S$550 per 24-hour block, excluding launch fees. An owner can provide security to secure release, or apply to set the arrest aside. If the ship is sold, the proceeds go first to the Sheriff's expenses, and any surplus above S$250,000 after those costs must be placed on fixed deposit.

Gibraltar, whose legal system is based on English law, uses an Admiralty Marshal to oversee arrest, custody and sale, and berths arrested ships at the Detached Mole or the Eastern Anchorage. Owners whose ships trade through either port can find maritime lawyers in Singapore and Gibraltar through the Corporate INTL directory.

What to do if your ship is arrested: a checklist

The first hours after an arrest decide how long the ship stays detained. Drawing on the West of England P&I Club's guidance, owners and charterers should work through these steps.

• Call the P&I club at once, using its emergency line out of hours, and appoint local lawyers.
• Obtain the arrest papers, including the court order, warrant and supporting affidavit or declaration, to identify the claimant and the claim.
• Check the claim is a recognised maritime claim under local law, and that the registered owner is the party actually liable. If not, there may be grounds to challenge the arrest.
• Protest if the detention looks unlawful, for example if there is no court order or warrant.
• Review the charterparty. Under the NYPE 1993 and 2015 forms an arrest can be an off-hire event, but not under NYPE 1946; charterers should notify owners and reserve their rights.
• Check for cautions or caveats against release filed by other creditors, and approach them about security at the same time.
• Agree the form and amount of security, testing the claimant's figure against its reasonably arguable best case.

Finding a ship arrest lawyer

Ship arrest is time-critical on both sides: a claimant may have only the hours a ship spends in port, and an owner may lose a fixture for every day under arrest. Specialist advice is worth taking before arresting, to confirm the claim qualifies and the right ship is targeted, and immediately after an arrest, to negotiate security or challenge the warrant.

Before the first call, gather the contract or charterparty, invoices and statements of account, bills of lading if cargo is involved, the ship's name and IMO number, its registered owner and any known charterers, its expected port calls, and any correspondence admitting or disputing the debt. Owners should add their club details and the arrest papers.

The Corporate INTL Find an Expert directory lists UK maritime and shipping lawyers who handle Admiralty claims, arrests and releases, together with specialists in major shipping centres including Greece and Gibraltar. Each expert page carries a "Looking for legal or business advice?" form, which readers can use to send an enquiry and be matched with a suitable adviser. For more analysis of the sector, see our maritime and shipping coverage.

Frequently asked questions

What is ship arrest?

Ship arrest is the detention of a ship by court order to secure a maritime claim, such as unpaid bunkers, repairs, crew wages, cargo damage or collision damage. The ship cannot sail until the claim is paid, security is provided, the court orders release or the ship is sold. In England it is part of an action in rem against the ship.

What does it mean to seize a ship?

Seizing a ship usually means a state taking control of it, for example for customs, sanctions or criminal reasons. A ship arrest is different: it is a civil remedy started by a private creditor, ordered by a court and executed in England by the Admiralty Marshal, and it ends once security is given or the court releases or sells the ship.

Which claims allow a ship to be arrested in England?

Only claims within section 20(2) of the Senior Courts Act 1981. These include ownership and mortgage disputes, collision damage, personal injury, cargo loss or damage, charterparty and hire claims, salvage, towage, pilotage, supplies such as bunkers, repairs, port dues, crew wages, agents' disbursements and general average.

Can you arrest a sister ship?

Yes, in England, if the person liable for the claim was the owner, charterer or in possession or control of the ship when the claim arose, and is the beneficial owner of all the shares in the sister ship when the action is brought. Only one ship may be arrested for the same claim.

What is a maritime lien in maritime law?

A maritime lien is a charge over a ship for certain claims that allows an action in rem against that ship under section 21(3) of the Senior Courts Act 1981. In English law the lien claims all fall within the section 20(2) list, and the 1999 Arrest Convention treats them as an exception to its owner-liability rule.

How do you get an arrested ship released?

Usually by providing security the claimant or court accepts, most often a P&I club letter of undertaking or a bank guarantee, or by paying the claim. The amount generally reflects the claimant's reasonably arguable best case plus interest and costs, but should not exceed the value of the ship.

How much compensation do you get for wrongful arrest in the UK?

There is no fixed figure, and often none at all. English courts award damages for wrongful arrest only where the arrest was made in bad faith or with gross negligence, and the owner must prove it. A claim that simply fails on its merits does not make the arrest wrongful.

Can a ship be arrested if the dispute is subject to arbitration?

Yes. A claimant can arrest in England and the court can stay the case in favour of arbitration while keeping the ship, or equivalent security, as security for the eventual award under section 11 of the Arbitration Act 1996. Section 26 of the Civil Jurisdiction and Judgments Act 1982 does the same for foreign court proceedings.

Does the UK use maritime law?

Yes. The High Court in London has an Admiralty jurisdiction under the Senior Courts Act 1981, with its own procedure in Part 61 of the Civil Procedure Rules and an Admiralty Marshal who executes arrests. English law also gives effect to the 1952 Arrest Convention.

Sources

1. Senior Courts Act 1981, section 20: Admiralty jurisdiction of the High Court
2. Senior Courts Act 1981, section 21: Mode of exercise of Admiralty jurisdiction
3. Civil Procedure Rules, Part 61: Admiralty claims
4. UN Audiovisual Library of International Law: International Convention on Arrest of Ships, 1999 (introductory note)
5. West of England P&I Club: Points to consider if your ship is arrested (3 April 2020)
6. British Maritime Law Association: Implementation of the 1952 Arrest Convention, responses to the CMI questionnaire
7. Gibraltar Port Authority: Ship arrests
8. Singapore Courts: Sheriff's services, admiralty actions
9. Civil Jurisdiction and Judgments Act 1982, section 26: Security in Admiralty proceedings in case of stay
10. Arbitration Act 1996, section 11: Retention of security where Admiralty proceedings stayed

About this article

This guide was researched and written by The Corporate INTL Newsroom, which covers cross-border legal, regulatory and business developments for lawyers, professional advisers and financiers in over 150 jurisdictions. It has been checked against the Senior Courts Act 1981, Part 61 of the Civil Procedure Rules, the Arbitration Act 1996, the Civil Jurisdiction and Judgments Act 1982, the UN note on the 1999 Arrest Convention and guidance from the West of England P&I Club, the British Maritime Law Association, the Gibraltar Port Authority and the Singapore Courts. Arrest procedure differs from port to port and changes over time. This article is general information, not legal advice; for advice on a specific matter, consult a qualified adviser. Last reviewed 23 October 2026. For more analysis like this, visit the Corporate INTL newsroom or subscribe to Corporate INTL.