Recent changes were introduced to the Code of Organisation and
Civil Procedure (Chapter 12 of the Laws of Malta) through Act XXXI,
entitled Various Laws (Better Administration of Justice)
(Amendment) Act, 2019 which came into force as from
18th December 2019. The amendments have enhanced the
conventional procedure for the arrest of vessels in Maltese
territorial waters, in order to allow for a more efficient and
effective service to enable the recovery of outstanding debts.
Notably, once an arrest warrant is issued, a copy of the arrest
warrant must be duly served onto the master of the arrested vessel.
The changes afford creditors the opportunity to appoint a person,
whose necessary details shall be listed in the arrest application,
to physically serve the warrant of arrest onto a vessel's
master, as well as to seize the relevant documentation and
certifications from on board the vessel. Nonetheless, in lieu of
the recent amendments, an arrest of a vessel is considered