Arresting a ship to secure a claim: what creditors need to know

Atlas Claims InsightsPublished 27 October 2026 · 9 min read

Shipping debts are hard to enforce. The debtor may be a single-ship company registered offshore, with no assets anywhere except the vessel itself, which may never return to the same port. Ship arrest exists for exactly that reason. It lets a claimant with a recognised maritime claim detain the vessel through the courts of the place where it happens to be, until the owner provides security for the claim.

What arrest achieves

In most cases the goal is not to sell the ship but to obtain security. An arrested vessel cannot trade, and every day of detention costs its owner and charterers money. Owners therefore usually arrange security quickly, typically a letter of undertaking from the ship’s P&I club or a bank guarantee, and the vessel is released. The claimant then pursues the claim on the merits, in court or arbitration, knowing that any award will be paid. If no security is given, the court may eventually order the ship to be sold and distribute the proceeds according to the priority of the claims.

Which claims qualify

Arrest is available only for recognised maritime claims. Under the 1952 Arrest Convention, which the UK has ratified, and the English legislation based on it, these include claims for:

• Damage caused by a ship, including collision.
• Loss of or damage to cargo, and claims under charter parties and contracts of carriage.
• Goods or materials supplied to a ship for its operation or maintenance, such as bunkers, lubricants and stores.
• Towage, pilotage, salvage, general average and port and canal dues.
• Construction, repair or equipment of a ship, and dock charges.
• Crew wages, and disbursements made on behalf of the ship.
• Disputes over the ownership or possession of a ship, and mortgages.

An ordinary trade debt that has nothing to do with a ship, such as unpaid office rent, does not qualify.

The “relevant person” test

In England and in many Commonwealth jurisdictions, for most maritime claims it is not enough that the claim relates to the ship. The person who would be liable on the claim, the “relevant person”, must have been the owner or charterer of the ship, or in possession or control of it, when the claim arose. And when the claim is brought, that person must be the beneficial owner of the ship or its demise (bareboat) charterer.

This has important practical effects:

• If the ship has been sold to an unconnected buyer before the claim form is issued, it usually cannot be arrested for the seller’s debts, unless the claim is secured by a maritime lien.
• If a time charterer ordered the bunkers, repairs or services, the supplier usually cannot arrest the chartered ship in England, because the time charterer does not own it. It may be able to arrest another ship that the time charterer owns.
• Sister ships: a claimant can generally arrest another ship owned by the relevant person instead of the ship involved, but not ships owned by separate companies in the same group.

A small group of claims, including salvage, collision damage and crew wages, gives rise to maritime liens under English law. These follow the ship even after a sale.

Choosing where to arrest

Other jurisdictions take different approaches, which makes forum selection an important part of strategy:

• The United States recognises a maritime lien for necessaries, such as bunkers, supplied on the order of the owner or a person authorised to bind the ship, which can include a charterer. It also allows attachment of a defendant’s assets in some maritime cases.
• South Africa allows arrest of an “associated ship”, broadly one owned or controlled by the same person who owned or controlled the ship concerned when the claim arose.
• Civil law countries, such as the Netherlands and Belgium, allow conservatory arrest on a relatively low threshold, and some apply the 1952 Convention more broadly.
• Singapore and Hong Kong apply rules close to English law and are frequently used because of the volume of ships calling there.

The best place is usually one where the ship will call soon, the claim clearly qualifies, the court acts quickly and costs are predictable.

Costs and risks

• Costs: court fees, local lawyers and, in many places, the marshal’s or sheriff’s costs of keeping the vessel, which the arresting party may have to fund in advance.
• Counter-security: some jurisdictions require the claimant to provide security for possible damages before arresting. England does not normally do so.
• Wrongful arrest: in England, damages for wrongful arrest are generally recoverable only if the arrest was made in bad faith or with gross negligence. Other countries apply stricter standards, and an arrest that fails can be expensive.
• Commercial relationships: arresting a customer’s or partner’s ship ends most relationships. It should be a deliberate decision.

Preparing an arrest

• Assemble the evidence of the claim, the contract and the invoices, and confirm that the claim is a recognised maritime claim.
• Identify the registered and beneficial owner and any demise charterer, using registry, classification and commercial databases.
• Track the vessel and its sister ships so that you can act when one is in a suitable port.
• Instruct local lawyers in advance, with documents ready to file at short notice, because a ship may only be in port for hours.
• Decide the amount of security to request, including interest and costs, and the form you will accept.

Atlas Claims does not conduct litigation, but we prepare maritime claims for arrest, coordinate with independent local lawyers and lead the settlement negotiation that usually follows. Arrest is most effective when it is the next step in a negotiation that has already been conducted properly.

This guide is general information about the law of England and Wales as at October 2026. It is not legal advice and may not cover your situation. Atlas Claims is not a law firm; for advice on your legal rights or on litigation, consult a qualified solicitor.