Shrikant Hathi and Binita
Hathi, partners with Indian law firm
BRUS CHAMBERS, answers frequently asked questions on arrest of ship
in India
1. Is India a signatory to any of the International Conventions
on ship arrest? If so, which one?
No, Although the Brussel convention has not been adopted by
legislation, the principles incorporated in the International
Convention relating to the Arrest of Seagoing Ships, Brussels, 10
May 1952 are part of the common law of India and applicable for the
enforcement of maritime claims against foreign ships as is held by
the Supreme Court of India in m.v Elisabeth-v- Harwan Investment
& Trading Pvt Ltd., Goa. The Supreme Court of India in the
matter of m.v. Sea Sucess I has also held that the principles
underlying the 1999 Geneva Arrest Convention were applicable for
ship arrest in India.
