Thinking of arresting a ship? Well it seems once again the Netherlands remains the best jurisdiction to slap a court order and get a vessel cuffed.
The country has long, with South Africa, been considered THE place for arrests – and following a recent decision in the Dutch court of appeal this reputation has been enhanced.
The latest development stems from the case of HSH Nordbank vs Hero Shipping, which centred on the repayment of a loan secured by mortgage. The court ruled that the International Convention Relating to the Arrest of Seagoing Ships 1952 applies to all vessels in Dutch ports, irrespective of flag and owner.
This is clearly good news for mortgage banks, it gives the quick access to force the debtors hand, and as a number of shipowners find themselves in hard times we could see more arrests.