Share on LinkedInShare on LinkedIn

ARTICLE · 02 SEPTEMBER 2020

New Indian Admiralty Act – Missed Opportunity?

The much-awaited Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 ("Act") is being brought into force from 1st April 2018.

IndiaTransport

Introduction

The much-awaited Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 ("Act") is being brought into force from 1st April 2018. Unfortunately, this long awaited legislative reform has many omissions and shortcomings and is not a model of clarity.

Comment

The new Act significantly departs from the Arrest Conventions. For instance, arrest of a ship is now permissible even in execution of a judgement; ship owned by an entity which was at the relevant time the time/voyage charterer of another ship can be arrested; a vessel under demise charter can be arrested for a claim against the demise charterer of another vessel, if the demise charterers are the same.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The above is a generic analysis and should not be regarded as a substitute for specific advice based on the facts of a client’s objectives and specific commercial agreements reached. Please do reach out to us at [email protected] for any queries.

See more popular content from