In order to obtain the arrest of a ship it is necessary to present a written request with supporting evidence in order to prove that “prima facie” a genuine pending debt exists against the vessel or vessels under question as per Arts. 532-536-537 and concordants of the Navigation Law 20,094. National and foreign flag vessels can be arrested for debts originating in other jurisdictions provided they arise from ships’ activities or are demandable before local courts (Art. 532).
No inconveniences exist as to the transfer of jurisdiction after the arrest has been made effective, and that the court which ordered the arrest is competent to deal with the case. The release and subsequent sailing of the vessel, if it is of foreign flag, may be negotiated against a satisfactory guarantee, of which the Court approves (Art. 540 Navigation Law). The Court can demand from the claimant a sufficient undertaking in order to cover claims for damages or loss to the ship’s owner.
Professional fees in connection with the above legal measures are regulated by a special Act, unless otherwise agreed on, plus a Court and Coast Guard fee which bears relation to the amount involved. In order to commence actions, the documents to be presented depend on the circumstances in each case, plus safeguards taken by the acting professionals towards possible demands in case of non presentation of Powers of Attorney in due time and form.
The acceptance of P&I Club letters and Bank guarantees depend on the agreement of the claimant, the draft of the undertaking and the decision of the Court.
