On 9 December 2011, the Supreme Court of the Netherlands (“SCN”) rendered it’s judgment in the case of “CONSTANZA M” which has the potential to expand the possibilities of arresting a vessel in the Netherlands for a maritime claim against a party that is not the owner of the vessel.
Previously under general Dutch law, an arrest of a vessel to secure a claim against a different party other than the Owner of the Vessel was only lawful if it was possible to enforce the claim against the arrested vessel under both the lex causae (that is the law governing the claim) and the lex registrationis (that is the law of the flag)
In the CONSTANZA M, the SCN has now held that pursuant to art. 3 paragraph 4 Arrest Convention 1952 a vessel can be lawfully arrested in the Netherlands for a claim against a different party other than the Owner in the event that the claim can be enforced against the vessel under the lex causae only.
The decision of the SCN has therefore increased the possibilities to arrest vessels in the Netherlands for a claim against a different party than the Owner of the vessel.
The decision is discussed in more detail by our Dutch correspondent, Nick Margetson of Margetson Law.
If you require any information or assistance in connection with arresting a vessel either in England or abroad, then please do not hesitate to contact us.
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