A ship can be arrested anywhere in India but at the time when the admiralty suit is filed in the High Court, the ship should be present in that state territorial waters . For a maritime claim or a lien as detailed in the Admiralty (Jurisdiction and Settlement of Maritime Claims) Acts, 2017 on the grounds as set out therein by filing a legal action in the respective High Courts having admiralty jurisdiction and can be exercisable over the waters up to and including the territorial waters of the High Court jurisdictions . The High Courts of Bombay, Calcutta, Madras, Gujarat, Hyderabad (for Andhra Pradesh and Telangana), Karnataka, Kerala, and Odisha have Admiralty jurisdiction .
Maritime claims applies in relation to all ships, irrespective of the places of residence or domicile of their owners; and all maritime claims, wherever arising and does not have effect in relation to a cause of action if, at the time when the cause of action arose, the ship concerned was a foreign ship .
The list of maritime claims found in the act is a closed list .
Accordingly, if you wish to pursue a claim as an action in rem or to arrest a ship in respect of such a claim, the claim must fall within one or more of the categories of claims listed in the Admiralty (Jurisdiction and Settlement of Maritime Claims) Acts, 2017 . If it does not, then it cannot be the subject of an action in rem and a ship or other property cannot be arrested in the enforcement of that claim .
How Single Window Can Assist
Single Window functions as a comprehensive single point of contact for ship arrest work in India, based on the supplied source materials and operated through the shipping team at Brus Chambers, Advocates & Solicitors . By streamlining complex maritime legal procedures, Single Window provides absolute clarity and expert guidance to claimants navigating the intricacies of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 . Whether you require 24x7 emergency assistance, professional evaluation of whether your maritime claim falls within the closed list of statutory categories, or efficient coordination across the various High Courts holding admiralty jurisdiction in India, Single Window ensures seamless execution from initial advice to the final enforcement of your claim .