Capture of an Admiralty Ship in Bangladesh

Admiralty time legislation dates back to the Admiralty Courts Act of 1840. After that, the Admiralty Court Act of 1861, The Courts of Admiralty Act of 1891, and the Admiralty Rules of 1912 were added to the Act. The Admiralty Courts Act of 2000 now governs all aspects of admiral admiralty in Bangladesh.

Admiralty maritime ship arrest lawyers are normally involve the detention of a vessel for the purpose of securing a claim against it. This can include claims for unpaid debts, cargo damage, and other maritime disputes. Typically, these services are provided by attorneys with expertise in admiralty law and international maritime law, and they may involve collaboration with local courts, government agencies, and other legal authorities. Creditors typically initiate ship arrest by filing a complaint and a warrant for the ship’s arrest, followed by the marshal’s physical arrest of the vessel. The arrest of the vessel creates a lien and prevents the ship from leaving port until the dispute is resolved. If the disputes are not resolved, the arrested vessel can be auctioned off to pay off the debts.

This is Admiralty Court

The High Court Division of Bangladesh’s Supreme Court has original jurisdiction over admiralty cases.

Admiralty refers to ships or vessels anchored in any Bangladeshi port.

Capture of an Admiralty Ship in Bangladesh

Admiralty Court Authority

The Admiralty Court shall have the authority to hear and decide any questions or claims pertaining to (a) the possession or ownership of a ship; or (b) the operation of a ship. (b) any question arising between co-owners of a ship as to possession, employment, or income of that ship;(c) any claim in respect of a mortgage or charge on a ship or any share therein;(d) any claim for damage done by a ship;(e) any claim for damage received by a ship;(f) any claim for loss of life or personal injury sustained as a result of any defect in a ship; (g) any claim for loss or damage to goods carried in a ship;(h) any claim arising out of any agreement relating to the carriage of goods in a ship or the use or hire of a boat;(i) any claim relating to the rescue of life from a boat. (j) any claim relating to the towing of a vessel or aircraft;(k) any claim relating to the forfeiture or condemnation of a vessel or goods.

Mode of workout

Under certain conditions, the High Court Division’s admiralty jurisdiction may be exercised personally and by action in rem. The Admiralty Jurisdiction of the High Court Division, also known as the Court of Admiralty, may be exercised via an action against a ship, aircraft, or property.

Suit Initiation: An action or suit brought before the High Court Division must be initiated by a plaint drafted, subscribed, and verified in accordance with the Code of Civil Procedure (1908). According to section 7 of the 2000 Admiralty Act, the maximum court fee for Admiralty cases is Taka.1, 00,000 (One Lac), with the exception of claims by the master or crew for wages earned on board.

Legal Services for Maritime Ship Arrests by the Admiralty

Attorneys can provide counsel on the legal process of ship arrest, including the requirements and procedures for obtaining an arrest warrant and the legal grounds for arrest.

Attorneys can represent clients in court proceedings related to the arrest, such as hearings to determine the legality of the arrest and challenges to the release of the arrested ship.

By providing evidence of ownership or other grounds for dismissal, attorneys can aid clients in securing the release of arrested ships.

To resolve the dispute and secure the ship’s release, attorneys can assist in negotiating settlements between the parties involved in the arrest.

Attorneys can advise clients on their legal rights and responsibilities in relation to their arrest and any disputes that may arise.

The High Court Division of the Supreme Court of Bangladesh has admiralty jurisdiction, i.e the court of first instance for admiralty suits. 

Section 3 of the Admiralty Court Act 2000:

(1) The High Court Division shall be a Court of Admiralty.

(2) The Admiralty Court shall have jurisdiction to hear and determine any of the following questions or claims:

(a)    any claim to the possession or ownership of a ship or to the ownership of any share therein or for recovery of documents of title and ownership of a ship, including registration certificate, log book and such certificates as may be necessary for the operation or navigation of the ship;

(b)   any question arising between the co-owners of a ship as to possession, employment or income of that ship;

(c)    any claim in respect of a mortgage of or charge on a ship or any share therein;

(d)   any claim for damage done by a ship;

(e)    any claim for damage received by a ship;

(f)    any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect or default of the owners, charterer or persons in possession or control of a ship or of the master or crew thereof or any other persons for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of ship are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

(g)    any claim for loss of or damage to goods carried in a ship;

(h)   any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;

(i)     any claim in the nature of salvage of life from a ship or cargo or any property on board a ship or the ship itself or its apparel, whether services were rendered on the high sea or within territorial waters or inland waters or in a port, including any claim arising by virtue of the application by or under section 12 of the Civil Aviation Ordinance, 1960, (Ordinance XXXII of 1960) of the law relation to salvage to aircraft and their apparel and cargo;

(j)     any claim in respect of towage of a ship or an aircraft;

(k)   any claim in respect of pilotage of a ship or an aircraft; 

(l)     any claim in respect of goods or materials supplied to a ship for her operation or maintenance;

(m)any claim in respect of construction, repair or equipment of a ship or dock charges or dues;

(n)   any claim for wages by a master or member of the crew of a ship or any claim for any money or property recoverable as wages of master or member of the crew under the Merchant Shipping Ordinance, 1983, hereinafter referred to as the Ordinance, or in the Court;

(o)   any claim for disbursements made on account of or for the purpose of a ship by the Master, shipper, charterer or agent of the ship;

(p)   any claim arising out of an act which is or is claimed to be a general average act;

(q)   any claim arising out of bottomry or respondentia; 

(r)     any claim for forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, or for the restoration of a ship or any such goods after seizure, or for droits of admiralty together with any other jurisdiction to grant reliefs as are provided under the provisions of the said Ordinance or any other jurisdiction which was vested in the High Court Division as a Court of Admiralty immediately before the commencement of this Act and any other jurisdiction as to any matter in connection with ships or aircraft which has by custom been exercised by the High Court Division as a Court of Admiralty.

(3) The jurisdiction of the Court of Admiralty in case of a ship, under Sub-Section (2)(b) includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the Court thinks fit.

(4)  The reference in sub-section (2)(i) to claim in the nature of salvage includes a reference to such claims for services rendered in saving life from a ship or an aircraft of in preserving cargo, apparel or wreck as, under any law for the time being in force, are authorized to be made in connection with a ship or an aircraft.

(5)  The preceding provisions of this section shall apply-

(a)  in relation to all ship or aircraft, whether Bangladeshi or not and whether registered or not and wherever the residence or domicile of their owners may be;

(b)  in relation to all claims, irrespective of the plaice of claim, claims relating to salvage or cargo or wreck or cargo or wreck found on the ground; and

(c)  in relation to mortgage and charge, to all legal and equitable mortgages or charges, including mortgages and charges created under foreign law whether registered or not:

  Provided that, nothing in this sub section shall be deemed to be applicable to money or property recoverable under the said Ordinance.

Execution of Judgment

Upon satisfaction of a well-grounded case, the Honorable Court may enforce the payment of a judgment by attachment against the party on whose behalf a caveat has been entered, or by seizure of the property if no caveat has been entered. Unless the Honorable Court orders otherwise, the Marshal will conduct an order of sale as a sale of movable property in execution of a decree in an ordinary civil suit. In practice, a bank guarantee will be cashed in favor of the judgment debtor if it is provided. The Honorable Court will also enforce the mental and arbitral decisions of foreign judges.

Legal Assistance Required for Admiralty Maritime Ship Arrest in Bangladesh

Barristers, Advocates, and attorneys at Tahmidur Rahman Remura in Mohakhali DOHS, Bangladesh, have extensive experience assisting clients.

Legal Services for Maritime Ship Arrests by the Admiralty

For questions or legal counsel, please contact us at:

E-mail: info@tahmidurrahman.com
Phone: +8801847220062
House 410 Road 29 Mohakhali DOHS is the address.