Ræder contributes to the latest edition of “Ship Arrests in Practice” (11/2018)
Kyrre W. Kielland and Audun Ludvig Bollerud are contributing authors to the international guide. The chapter provides a thorough insight into Norwegian practice and reoccurring issues concerning ship arrests, such as saisie conservatoire, consequences for sister ships, practice on release and claims for documentation.
"In order to arrest a vessel, several conditions for arrest must be proven upon a balance of probability. Most importantly, the claimant has to prove that it has a maritime claim against the ship owner as debtor. Norwegian law does not acknowledge actions against the vessel “in rem”, and the arrest will not succeed unless the ship owner is also the debtor.
Another peculiarity of Norwegian arrest law is that the claimant has to prove upon a balance of probability that it has a “reason for arrest”. Pursuant to the Norwegian Dispute Act the court may only award arrest if the behavior of the debtor gives reason to fear that the enforcement of a claim would otherwise be made impossible or substantially more difficult, or if enforcement has to take place outside Norway.
Consequently, the court has discretionary power to deny an arrest petition if there is no “reason for arrest”. The courts will usually consider the arrest petition on the basis the claimant’s writ of claims without a defence reply or a hearing, as time will often be of major importance. If the application succeeds, the courts will notify the local enforcement authorities, which will secure that the ship does not leave the harbor, and that the arrest is reported to the ship register. The ship owner may subsequently request a hearing to dispute the claim or the “reason for arrest”, and in case of wrongful arrest, claim damages from the other party."
(Excerpt from the introduction in the chapter about Norway from “Ship Arrests in Practice”, p. 303)
Read the full digital publication here. (.pdf, password ‘Edition11’)
Ræder has extensive experience with ship arrest in Norway and abroad, and regularly acts on behalf of owners, suppliers, banks, insurers and others in ship arrest matters. Our Shipping, marine and transport group is a leading proactive and strategic advisor both in Norway and abroad. Our lawyers provide sound tailored advice in an international industry where rules and regulations are constantly developing.
Ræder can advise you on arrest and seizure of vessels, charter parties, chartering and operations, as well as sale, leaseback and purchase of vessels. We also advise on registration and delivery of vessels, in addition to other contractual and regulatory issues. Our clients include insurance companies, ship owners, investors, banks and financial institutions, freight forwarders and agents, to name a few.
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