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New Rules for Arrest of Sea-going Ships Effective in Ukraine

May 2012 - Transport. Legal Developments by Asters.

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On 16 May 2012 the International Convention for the Unification of Certain Rules Relating to the Arrest of Sea-Going Ships (1952), known as Brussels Convention, and implementing amendments to the procedural legislation entered into force in Ukraine.

The provisions of the Convention allow for both foreign and Ukrainian-flagged vessels to be arrested in Ukraine to secure a maritime claim. Notably, the Convention applies only to precautionary arrests and does not apply to a seizure of a ship in the course of judicial execution.

There are 17 types of maritime claims giving rise to the right of vessel arrest. An application to arrest vessel as security in a maritime claim can be submitted to the district court of the Ukrainian port where the ship is located or alternatively to the district court of the port of vessel's registration.

Ukraine has reserved its right not to apply provisions of the Convention to the warships and other state-owned ships operated for non-commercial purposes.