LAWS(GJH)-2017-2-42

VITAL VENTURES LTD. THROGH ITS CONSTITUTED ATTORNEY Vs. M.V. INFINITY IMO 8115215 A MOTOR VESSEL FLYING THE FLAT OF LIBERIA

Decided On February 17, 2017
Vital Ventures Ltd. Throgh Its Constituted Attorney Appellant
V/S
M.V. Infinity Imo 8115215 A Motor Vessel Flying The Flat Of Liberia Respondents

JUDGEMENT

(1.) A ship may be arrested or released from arrest only under the authority of a Court of the State Party in which the arrest is effected.

(2.) A ship may only be arrested in respect of a maritime claim but in respect of no other claim.

(3.) A ship may be arrested for the purpose of obtaining security notwithstanding that, by virtue of a jurisdiction clause or arbitration clause in any relevant contract, or otherwise, the maritime claim in respect of which the arrest is effected is to be adjudicated in a State other than the State where the arrest is effected, or is to be arbitrated, or is to be adjudicated subject to the law of another State.