Maritime Liens

MARITIME LIENS IN SOUTH AMERICA

MARITIME LIEN ENFORCEMENT AND SECURITY FOR MARITIME CLAIMS

A maritime lien is a special form of security recognised by maritime law in certain jurisdictions. Unlike an ordinary contractual debt, a qualifying maritime lien may attach to the vessel itself and can remain relevant even when the vessel changes hands. This can make maritime liens particularly important for creditors seeking to protect or enforce maritime claims in South America.

At Latin Maritime Claims, we regularly coordinate maritime lien assessments and enforcement matters with local maritime lawyers. Each case is examined under the law applicable to the vessel, claim and jurisdiction concerned.

WHAT IS A MARITIME LIEN?

A maritime lien generally gives a qualifying claimant a security interest in a vessel for certain types of maritime claims. The precise categories vary between legal systems.

Depending on the jurisdiction, maritime liens may arise from claims such as:

• Crew wages
• Salvage
• Collision damage
• Certain ship repairs
• Certain supplies and necessaries
• Bunkers
• Other specifically recognised maritime claims

Not every unpaid maritime invoice creates a maritime lien. The contractual relationship, nature of the service or supply, applicable legislation and circumstances of the claim must be examined before relying on lien rights.

MARITIME LIEN AND VESSEL OWNERSHIP

One important characteristic of a maritime lien is that its enforcement may concern the vessel rather than simply the person or company that incurred the debt.

This can become significant where a vessel has been sold, transferred to another company or registered under a different flag. Whether a maritime lien survives a change of ownership depends on the applicable law and the specific category of claim.

For this reason, identifying the vessel's ownership history, IMO number, flag history and relevant corporate entities can be an important part of the legal assessment.

MARITIME LIEN ENFORCEMENT IN SOUTH AMERICA

South American jurisdictions do not apply one uniform maritime lien regime. Brazil, Argentina, Chile, Colombia, Peru, Ecuador, Uruguay and Venezuela, among others, have their own legal frameworks governing maritime security and enforcement.

The distinction between a maritime lien, maritime privilege, possessory security and other forms of maritime claim can be important when determining the available remedy.

In some circumstances, a qualifying maritime lien may support an application for vessel arrest and judicial sale. In others, the creditor may need to pursue a different form of security or establish personal liability against the debtor.

SHIP SUPPLIER AND BUNKER LIENS

For ship suppliers and bunker companies, the existence of lien rights can materially affect the recovery strategy. A supplier should not assume that every delivery automatically creates a maritime lien.

The order, invoice, delivery documents, identity of the contracting party, vessel ownership and applicable law should all be reviewed. Where a lien is potentially available, early identification can help preserve the creditor's security position.

OUR MARITIME LIEN APPROACH

We regularly coordinate maritime lien matters by:

Claim Review → Legal Classification → Ownership Investigation → Jurisdiction Analysis → Security Assessment → Local Counsel → Vessel Arrest or Proceedings → Judicial Enforcement

The objective is to determine whether the claim benefits from a maritime lien or another enforceable maritime security right and to identify the appropriate procedure in the relevant jurisdiction.

SUBMIT YOUR MARITIME LIEN CLAIM

If you have an unpaid ship supply, bunker, repair, crew, salvage or other maritime claim and believe the claim may benefit from maritime lien protection, submit the available documents for an initial assessment.

Latin Maritime Claims coordinates maritime lien and vessel security matters with local maritime counsel across South America.