Vessel Arrest
VESSEL ARREST IN SOUTH AMERICA
VESSEL ARREST, SHIP ARREST AND MARITIME CLAIM SECURITY
A vessel arrest can be an important legal remedy when a maritime creditor needs security for an unpaid claim and the vessel is located in a South American port or territorial jurisdiction. Depending on the applicable law, a ship may potentially be arrested in connection with claims involving unpaid ship supplies, bunkers, ship repairs, crew wages, cargo damage, charterparty disputes, port services and other maritime claims.
At Latin Maritime Claims, we coordinate vessel arrest assessments across South America through local maritime counsel. Each arrest application is reviewed according to the applicable national law, the nature of the maritime claim, the ownership and flag of the vessel, the contractual parties and the vessel's current location.
WHEN CAN A VESSEL BE ARRESTED?
A vessel arrest is not automatically available for every unpaid maritime debt. The availability of arrest depends on the jurisdiction and the legal nature of the claim.
Potentially relevant claims may include:
- Ship supplier and ship chandler claims
- Unpaid bunker claims
- Ship repair and maintenance claims
- Crew wage claims
- Maritime service claims
- Port and agency claims
- Cargo claims
- Charterparty claims
- Freight and demurrage claims
- Salvage and general average claims
- Certain maritime lien or privileged claims
For example, Brazilian law provides specific circumstances in which certain maritime claims can support an arrest, while Argentina has its own statutory maritime arrest and lien framework. Colombia applies regional Andean Community rules concerning preventative vessel embargoes and maritime claims.
SHIP ARREST FOR UNPAID SUPPLIES AND BUNKERS
For ship suppliers and bunker companies, vessel arrest can become particularly relevant when an invoice remains unpaid and the vessel continues trading internationally.
The legal position depends on the contractual chain. The supplier should identify who ordered the goods or bunkers, who received them, who signed the delivery documentation and whether the applicable law gives the claim a maritime character capable of supporting security against the vessel.
Brazil, for example, recognises certain privileged claims arising from supplies and bunkers, including circumstances where the supply contract was entered into with a charterer rather than directly with the owner.
VESSEL ARREST LAWYER IN SOUTH AMERICA
A vessel arrest application requires more than evidence of an unpaid invoice. The legal team normally needs to establish the basis of the maritime claim, identify the vessel and relevant parties, verify ownership and determine the procedural requirements of the jurisdiction.
Documents may include:
- Invoices
- Purchase orders
- Delivery receipts
- Bunker Delivery Notes
- Signed vessel documents
- Repair reports
- Charterparty or recap
- Bills of lading
- Correspondence
- Vessel ownership information
- IMO number and flag details
Foreign claimants may also need powers of attorney, corporate documents, apostilles, translations or counter-security depending on the jurisdiction. For example, both Argentina and Colombia impose specific procedural requirements and security considerations for arrest applications.
VESSEL ARREST IN BRAZIL
Brazil is an important jurisdiction for maritime claims because of its major commercial ports, including Santos, Rio de Janeiro, Paranaguá, Itajaí, Rio Grande and Vitória.
Brazil is not a party to the 1952 or 1999 international ship arrest conventions. Vessel arrests are therefore considered under Brazilian domestic law, including the Commercial Code and Civil Procedure Code. Depending on the legal basis of the claim, Brazilian courts may consider maritime liens or precautionary measures for securing maritime debts.
VESSEL ARREST IN ARGENTINA
Argentina also has a specific statutory framework governing ship arrest. Foreign vessels may, under applicable circumstances, be arrested for maritime liens and certain credits connected with the vessel or claims that can properly be brought before Argentine courts. Argentine law also recognises a range of maritime claims, including crew wages, cargo claims, charterparty claims, supplies, repairs and certain other maritime debts.
VESSEL ARREST IN COLOMBIA
Colombia has not ratified the international ship arrest conventions, but Andean Community Decision 487 provides a framework for preventative vessel embargoes and maritime claims. Certain claims, including qualifying bunker claims and crew-related maritime privileges, may therefore be relevant to a vessel arrest assessment in Colombia.
OUR VESSEL ARREST PROCESS
Our coordinated approach generally follows:
Claim Submission → Document Review → Maritime Claim Analysis → Vessel & Ownership Verification → Jurisdiction Assessment → Arrest Strategy → Local Counsel → Court Application → Security / Arrest → Negotiation or Proceedings → Enforcement
Timing can be critical. A vessel may remain in a port for only a limited period, making accurate vessel tracking and early legal assessment important.
SUBMIT YOUR VESSEL ARREST CASE
If you have an unpaid ship supplier claim, bunker claim, ship repair claim, maritime service claim, crew claim, cargo claim or other maritime debt and the vessel is trading to or currently located in South America, submit the available documents and vessel details.
Latin Maritime Claims coordinates cross-border vessel arrest assessments with local maritime lawyers in the relevant South American jurisdiction.