A REVISION of the Brussels I Regulation has made it possible for a court to arrest ship assets through the European Union, says Rotterdam-based law firm AKD.
The Brussels I Regulation provides uniform rules throughout the EU on international jurisdiction and the recognition and enforcement of civil and commercial judgments, the London's Tanker Operator reported.
AKD lawyer Bart-Jan van het Kaar explained that "the revised Brussels I Regulation, which came into effect on January 10, introduces an important change which now makes it possible to enforce throughout the EU provisional measures granted on the basis of a simple application by a party in any individual member state".
AKD partner Haco van der Houven van Oordt said: "The revised Brussels I Regulation includes some drastic changes with important implications for owners, charterers and others looking to arrest vessels or attach other assets in EU jurisdictions.
"The Netherlands is already widely recognised as a ship arrest haven, and its procedural law provides an effective means by which to obtain security in advance of main proceedings against a debtor. Such security can be obtained by seizing any asset of the debtor on the basis of a pre-judgment attachment order.
"Another option is to levy a third-party attachment which blocks all payments by the third-party to the debtor. These pre-judgment attachment orders can be used to obtain security or to exert pressure on the debtor to make payment and thus avoid starting main proceedings against the debtor."
The new regulation effectively means that the whole of the EU is now a potential ship arrest zone for those who initiate action through the Rotterdam court. The only proviso is that the Rotterdam court has jurisdiction on the merits of the claim.
The willingness of the Rotterdam court to allow seizure of the assets in EU member states other than The Netherlands was underlined earlier this year when the court granted leave to arrest the pusher-barge ‘Navin 24?in either Germany or Austria in a dispute involving non-payment of hire under a time charter.
"The Rotterdam court can issue orders for an arrest not only in the Netherlands but also in other EU member states. The maximum enforcement of rights is guaranteed, while the maximum amount of pressure is exerted on foreign debtors," Mr Houven van Oordt said.
PORTS
09 June 2015 - 20:57
New EU regulation makes it easier to arrest ships via Dutch courts
A REVISION of the Brussels I Regulation has made it possible for a court to arrest ship assets through the European Union, says Rotterdam-based law firm AKD.
PORTS
09 June 2015 - 20:57
New EU regulation makes it easier to arrest ships via Dutch courts
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