Issue 7, 2009 - Ship arrest - focus on South Africa


What then does South Africa offer claimants wanting to enforce or obtain security for maritime claims? Whilst an arrest can be made to found jurisdiction either for an action in rem against the ship, or an action in personam against the owner of the ship, what will be of most interest to claimants is the availability of a security arrest.

This allows ships or other property (including bunkers) to be arrested as security for proceedings either contemplated or already commenced, both locally and abroad, and either before a foreign court or arbitration tribunal.