Frequently asked questions on how arrest ship in Tunisia
As specified in the home page, Tunisia is generally recognised as one of the predictable, transparent and efficient places to arrest ships and to recover a maritime debt. We can help you to protect your commercial interests and to to arrest ship in Tunisia. Would you need to arrest ship in Tunisia, please de not hesitate to contact us.
How can you arrest ship in Tunisia. This is the most frequently asked questions by our clients. A ship arrest in Tunisia could be an excellent way to obtain security for a claim and potentially prepare for a judicial sale of the vessel, should that become necessary. In addition, arrest ship in Tunisia could constitute a considerable pressure on the debtor to settle the claim due to the business disruption which usually leads parties to amicably settle the claim. Therefore, arrest may be a suitable remedy for a variety of creditors. Should you need a leading maritime lawyer forarrest ship in Tunisia for bunker claim, general average, demurrage claim, cargo claim, maritime lien or any other maritime debt do not hesitate to contact us.
Arrest ship in Tunisia is an excellent way to obtain security for a claim and potentially prepare for a judicial sale of the vessel, should that become necessary. An arrest ship in Tunisia can be the fastest, cheapest and most effective measure in obtaining voluntary payment of an outstanding claim against the ship or the owner (as the case may be), provided that the measure of arrest – in a legal and commercial sense – is used correctly. We are specialist in arrest ships in all Tunisian ports. Please feel free to review our Guide to ship arrest in Tunisia.
If you are interested on how to arrest ship in Tunisia or in a ship arrest in Tunisia, please feel free to review our Guide to ship arrest in Tunisia
Can a bunker supplier arrest a vessel in connection with a claim for the price of bunkers supplied to that vessel pursuant to a contract with the charterer, rather than with the owner, of that vessel ?
Yes. The creditor of a charterer may arrest the vessel as long as he or she benefits from a maritime lien.
Under Tunisian maritime law and pursuant to article 71 of the Tunisian Maritime Trade Code, the bunker supplier will have a maritime lien if it entered into a contact with the captain of the vessel in relation to the supply of bunkers ordered outside the vessel’s home port.
Apart from ship arrest, are there other forms of attachment order or injunctions available to obtain security ?
According to the Tunisian Maritime Trade Code, the arrest of a ship is subject to a specific legal regime, as a ship represents a specific type of property. Pursuant to article 71 of the Tunisian Maritime Trade Code, apart from ship arrest, a creditor can benefit from a maritime lien that can be executed on the freight, if the claim has become due during the transport and if its value is still in the hands of the captain or the owner’s agent. In addition, the creditor can seek the arrest of the debtor’s receivables.
Are orders for delivery up or preservation of evidence or property available ?
No, not in their conventional form. Pursuant to the Tunisian Maritime Trade Code, the arrest of a ship is subject to a specific legal regime, as a ship represents a specific type of property. According to article 105 of the Tunisian Maritime Trade Code, the judge may either allow the operation of the arrested ship by the shipowner if he or she provided adequate guarantees, or adjust the management of the ship in a manner that he or she deems most useful for the duration of the arrest.
Is it possible to arrest bunkers in your jurisdiction or to obtain an attachment order or injunction in respect of bunkers ?
Yes. The arrest of a ship’s bunkers is subject to the same legal regime as the arrest of the ship itself.
Where security is sought from a party other than the vessel owner (or demise charterer) for a maritime claim, including exercise of liens over cargo, what options are available ?
The carrier may exercise lien over the cargo as per the Tunisian Maritime Trade Code. There is no specific provision in relation to a B/L marked as “freight prepaid” within the Maritime Trade Code.
However, in case of a claim for unpaid freight, where there is a prepaid B/L the Court would determine whether the freight was actually prepaid or not. On the other hand, the owner/demise charterer may exercise the lien over the cargo pursuant to general provisions under Tunisian law.
Lien over the cargo by the carrier may be exercised pursuant to Article 101 of the Tunisian Maritime Trade Code. Accordingly, the Carrier may exercise lien over the cargo for any and all claims arising from the freight contract/charterparty.