|
|
|
|
Article 1-2 3-5 6-8 9-17 |
The
States Parties to this Convention,
Recognizing
the desirability of facilitating the harmonious
and orderly development of world seaborne trade,
Convinced of the
necessity for a legal instrument establishing international
uniformity in the field of arrest of ships which
takes account of recent developments in related
fields, Have
agreed as follows:
|
Article
1: Definitions
For
the purposes of this Convention:
1. "Maritime Claim" means a claim
arising out of one or more of the following:
(a)
loss or damage caused by the operation of the ship;
(b)
loss of life or personal injury occurring, whether
on land or on water, in direct connection with the
operation of the ship;
(c) salvage operations or any salvage
agreement, including, if applicable, special compensation
relating to salvage operations in respect of a ship
which by itself or its cargo threatened damage to
the environment,
(d) damage or threat of damage caused
by the ship to the environment, coastline or related
interests; measures taken to prevent, minimize,
or remove such damage; compensation for such damage;
costs of reasonable measures of reinstatement
of the environment actually undertaken or to be
incurred by third parties in connection with such
damage; and damage, costs, or loss of a similar
nature to those identified in this subparagraph(d);
(e) costs or expenses relating
to the raising, removal, recovery, destruction or
the rendering harmless of a ship which is sunk,
wrecked, stranded or abandoned, including anything
that is or has been on board such ship, and costs
or expenses relating to the preservation of an abandoned
ship and maintenance of its crew;
(f)
any agreement relating to the use or hire of the
ship, whether contained in a charter party or otherwise;
(g) any agreement relating to
the carriage of goods or passengers on board the
ship, whether contained in a charter party or otherwise;
(h) loss of or damage to or in
connection with goods (including luggage) carried
on board the ship;
(i) general average;
(j) towage;
(k) pilotage;
(l) goods, materials, provisions, bunkers,
equipment (including containers) supplied or services
rendered to the ship for its operation, management,
preservation-or maintenance;
(m) construction, reconstruction,
repair, converting or equipping of the ship;
(n) r waterway dues and charges;
(o)
wages and other sums dueport, canal, dock,
harbour and othe to the master, officers and other
members of the ship’s complement in respect of their
employment on the ship, including costs of repatriation
and social insurance contributions payable on their
behalf;
(p)disbursements incurred on be
half of the ship or its owners;
insurance premiums (including mutual insurance
calls) in respect of the ship, payable by or on
behalf of the shipowner or demise charterer;
(r)any commissions, brokerages
or agency fees payable in respect of the ship by
or on behalf of the shipowner or demise charterer;
(s)any dispute as to ownership
or possession of the ship;
(t) any dispute between
co-owners of the ship as to the employment or earnings
of the ship;
(u)>a mortgage or a ’hypotheque’
or a charge of the same nature on the ship;
(v) any dispute arising out of
a contract for the sale of the ship
2.
"Arrest" means any detention or restriction
on removal of a ship by order of a Court to
secure a maritime claim, but does not include
the seizure of a ship in execution or satisfaction
of a judgment or other enforceable in strument.
3. "person" means any individual or partnership
or any public or private body, whether corporate
or not, including a State or not, including a State
or any of its constituent subdivisions.
4.
"Claimant" means any person asserting
a maritime claim.
5. "Court" means any competent judicial
authority of a State.
Article
2:
Powers of arrest
1. A ship may be arrested
or released from arrest only under the authority
of a Court of the State Party in which the arrest
is effected.
2. A ship may only be arrested
in respect of a maritime claim but in respect of
no other claim.
3. A ship may be arrested for the
purpose of obtaining security not withstanding that,
by virtue of a jurisdiction clause or arbitration
clause in any relevant contract, or otherwise, the
maritime claim in respect of which the arrest is
effected is to be adjudicated in a State other than
the State where the arrest is effected, or is to
be arbitrated, or is to be adjudicated subject to
the law of another State.
4. Subject to the provisions of
this Convention, the procedure relating to the arrest
of a ship or its release shall be governed by the
law of the State in which the arrest was effected
or applied for.
|
|
|
Article 1-2 3-5 6-8 9-17
|
|
|
|
