The arrest succeeded, the club’s security was obtained and the ship has sailed. The creditor breathes a sigh of relief, then turns to other matters. Six weeks later, the shipowner applies for release of the security and claims damages: no action on the merits has been brought.
Arrest is only one step
A protective arrest secures the claim; it does not pay it. It must be followed by an action seeking a decision on the merits: a judgment or an arbitral award. The general law of civil enforcement is clear: unless the measure was carried out under an enforceable title, the creditor must, within one month of its execution, bring proceedings or complete the formalities required to obtain an enforceable title, failing which the measure lapses (Article R. 511-7 of the French Code of Civil Enforcement Procedure).
This time limit applies to ship arrest: the procedure for the protective arrest of ships is governed by the general provisions of the Code of Civil Enforcement Procedure, subject to international conventions and to the specific rules of the French Transport Code (Article R. 5114-15 of that Code). One month is short, but it is enough for a well-prepared case.
Which court to bring the merits before
The court of the place of arrest is not necessarily the court for the merits. The 1952 Brussels Arrest Convention gives jurisdiction to the courts of the State of arrest where their domestic law grants it, or in the cases it lists; it also allows the court to set the period within which the creditor must bring its action before the competent court (Article 7). A jurisdiction clause or an arbitration clause, in the bill of lading or in the charterparty, may send the merits to London, to Singapore or to the Paris Maritime Arbitration Chamber (Chambre arbitrale maritime de Paris). It must be identified at the application stage, not after the arrest.
Where the merits are subject to arbitration, “bringing proceedings” means serving the request for arbitration in the form required by the chosen rules. The time needed to constitute the arbitral tribunal does not delay that notice.
The consequences of an oversight
Lapse brings down the arrest and, with it, the security that replaced it. It also opens the way to the creditor’s liability for the loss caused by the measure (Article L. 512-2 of the Code of Civil Enforcement Procedure). The creditor thus loses its security and is exposed to paying damages. It is the worst outcome of a successful arrest.
What the firm checks first
- The exact date on which the arrest was carried out.
- The jurisdiction or arbitration clause governing the merits.
- The terms of the security: designated forum, duration.
- The timetable for the action on the merits, prepared together with the application.
- The limitation periods on the merits, often one year in maritime matters.
For the firm’s services, see Ship arrest.
Further reading
- Wrongful ship arrest: obtaining compensation for detention
- Forcing the sale of an arrested ship: enforcement arrest and judicial auction
- Can a ship be arrested in France on the basis of a foreign judgment?
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Does the one-month time limit apply to ship arrest?
Yes. The Transport Code refers to the general provisions of the Code of Civil Enforcement Procedure (Article R. 5114-15), including Article R. 511-7, subject to the 1952 Convention, which allows the court to set a time limit for bringing proceedings before the competent court.
Is a request for arbitration sufficient?
Where the merits are subject to arbitration, serving the request for arbitration is the step required.
What becomes of the security if the arrest lapses?
It loses its basis. The shipowner seeks its return, and may claim compensation for the loss caused by the arrest.