What is the procedure for arrest?

Application is made to the High Court for a warrant of arrest.

What are the requirements for preparation of an application to arrest a vessel?

1. The name address and occupation of the applicant for the warrant.
2. Nature of the claim or counterclaim in respect of which the warrant is required and the fact that it has not been satisfied, and if it arises in connection with a ship, the name of that ship.
3. Name of ship and port to which it belongs.
4. Nationality of the ship and notice of the action served on the relevant Consulate.
5. An undertaking must be given by the attorney for arresting party (enforceable by committal to prison) to pay the fees and expenses of the Marshal of the Court (who executes the warrant of arrest).

What is the likely time frame for effecting an arrest?

It should be possible to effect the arrest of a vessel within 48 to 72 hours of obtaining instructions, or even sooner, provided that the relevant information and documents to support the application to the High Court for the warrant of arrest are available and an appropriate undertaking in writing to match the attorney’s personal undertaking to pay the fees and expenses of the Marshal of the Court.   

The arrest of a ship is not of itself inordinately time consuming, although it is somewhat technical.  However, the procedure subsequent to an arrest can be quite time consuming and complex.

What costs can be anticipated in connection with an application for arrest?

The costs of this process include:-

1. Deposit with the Registrar of TT$5,000.00;
2. The cost of providing security for the vessel;
3. Port charges if the vessel is in a port;
4. Transport for security;
5. Costs of advertisements;
6. Appraisal fee (if ship is to be sold);
7. Generally the costs of preserving the vessel pending sale;
8. Possible costs of moving the vessel, including berthing expenses;
9. Costs of supplying the vessel with water or bunkers if necessary;
10. In come cases, costs of provisioning the crew;
11. In some cases, costs of repatriation of crew.

These expenses are variable and depend on the nature of the arrested vessel.  If the ship is sold, the Marshal charges 2% of the proceeds of sale.  There are nominal charges for filing Court documents.

Under the law of Trinidad and Tobago, an arrested vessel is under the control of the Registrar who may make requests for disbursements from time to time from the arresting party.  It is a requirement for an arrest that the arresting party’s attorney at law provide a personal undertaking to the Court to be responsible for the Admiralty Marshal’s expenses.  In practice, such attorney would therefore require this undertaking to be backed by a suitable deposit into the Firm’s client account and to have such deposit increased in the event that the expenses increase.  Costs of arrest can quickly build up and be subject to unexpected contingencies.

What  law is applicable to ship arrests in Trinidad?

Admiralty law in Trinidad and Tobago is essentially the same as that applicable under the United Kingdom 1925 Supreme Court of Judicature (Consolidation) Act.

What principles govern mortgages?

The validity and construction of a ship mortgage are decided according to the law of the country in which the mortgage is made or registered. 

Can Sister ships be arrested?

Sister ships can be arrested pursuant to Section 384 of the Shipping Act No. 24 of 1987:

“In any case in which an action may be brought in rem against any ship (other than actions arising from claims to the possession or ownership of a ship or to the ownership of any share therein, or any claim in respect of a mortgage or charge on a ship or any share therein) where the person who would be liable on the claim in an action in personam was, when the cause of action arose, the owner or charterer of, or in possession or in control of the ship, the admiralty jurisdiction of the High Court may (whether the claim gives rise to a maritime lien on the ship or not) be invoked by an action in rem against—

1. that ship, if at the time when the action is brought it is beneficially owned as respects all the shares therein by that person; or
2. any other ship which, at the time when the action is brought, is beneficially owned as aforesaid, but in determining whether a person would be liable on a claim in an action in personam it shall be assumed that he has his habitual residence or a place of business within Trinidad and Tobago.”

What is involved in proceeding to obtain a judgment?

The process of arrest involves making an application to the Court ex parte and obtaining an order.  If there is no appearance to the Claim Form which is served on the vessel, then an application may be made 14 days after service for judgment in default of appearance.  On the application for judgment, an order for sale may also be sought.   In Trinidad and Tobago, the order for sale sought would normally provide that such sale be by public auction after the vessel is appraised and the sale has been advertised.

What is the usual order of priority of claims?

In Trinidad and Tobago, questions of priority are treated as being procedural and are decided according to the lex fori.  The usual order of priority is as follows:

1. Marshal’s charges, expenses, etc., are in practice paid in priority to all claims. 
2. The costs of the plaintiff in whose action the res was arrested.
3. Salvage.
4. Damage liens.
5. Crew’s wages.
6. Master’s wages and disbursements.
7. Mortgages.
8. Necessaries and contractual claims.

This order of priorities is general and may be subject to variations depending upon the specific circumstances.