By: Ali Al Rashdi


Ship arrest is a critical legal tool in maritime law that allows creditors to enforce debts against shipowners or operators. In Oman, under Maritime Law No. 19/2023, creditors can ask the court to stop a ship from leaving Omani waters by issuing a precautionary arrest order. This article explores ship arrest under Omani law, covering what kinds of debts can lead to ship arrest, how the process works, its effects on vessels, and what happens if an arrest is made without proper justification. Understanding these aspects is crucial for creditors looking to collect debts through ship arrest in Oman.

Maritime Debts Eligible for Precautionary Ship Arrest

It is mandatory under maritime law that any requests for ship arrest should be linked to maritime debts. These include obligations that arise from ship insurance, product supply, refuelling, necessary operational equipment, or maintenance. With the introduction of the new maritime law, the scope of eligible maritime debts has been expanded, making it possible for ships to be impounded for a broader range of reasons. Before granting the arrest request, it is essential to ensure that the debt is maritime, as specified within the law. Therefore, it is necessary to evaluate the arrest request with caution and confirm that the debt falls within the jurisdiction of maritime law.


Court Procedures for Ship Arrest

When it comes to ship arrest, the procedures and jurisdiction follow the guidelines mentioned in Civil and Commercial Procedure Law No. 29 of 2002 in the absence of specific directives in maritime law. The following are the pertinent procedural protocols:


1. Submission of the Application:

  • The arrest application must be filed as an order on a petition.
  • You need to include comprehensive ship particulars along with supporting documentation.
  • You must furnish evidence that supports the likelihood of the vessel absconding Oman and evading debt settlement.

2. Execution of Arrest Order:

  • The court's order accepting the arrest petition needs to be executed within the stipulated timeframe, failure of which renders it null.
  • Various entities, prominently the Coast Guard, must be involved in the execution.

3. Substantive Claim Adjudication:

The plaintiff must assert a substantive claim validating the maritime debt and the legitimacy of the arrest, failing which the arrest is deemed null.

4. Challenging the arrest order

The court's decision to arrest a ship is subject to a grievance, initially at the court of first instance and subsequently appealed at the competent higher courts.


Cancellation of Ship Arrest

The court may release arrested vessels upon providing security commensurate with the debt value stipulated in the attachment order.

Ship Eligibility for Arrest 

Creditors who hold maritime debts have the legal right to request the arrest of a specific ship associated with the debt or any other vessel owned by the debtor at the time the debt arises. However, the ship should be under the management of its owner. Certain cases specified by law may exempt ships under the management of their owners from seizure if the debt is unrelated to them.

Moreover, creditors may seek the attachment of the ship, or any other vessel managed by the charter if the charter bears sole responsibility for a maritime debt related to that vessel. However, they cannot place any other vessel belonging to the charter vessel's owner, to which the maritime debt relates, in provisional seizure.

Some vessels, like warships and commercial vessels owned by the government of Oman and designated for public service, are exempt from impoundment due to their public utility. However, commercial vessels owned by foreign countries may be subject to precautionary arrests.

Claiming Compensation for Wrongful Arrests of Ships

Although Omani maritime laws and regulations do not address this situation, ship owners or operators can claim compensation for any damages caused if their ship is wrongfully arrested. To prove that the arrest was arbitrary, they must demonstrate evidence of wrongdoing and malicious intent on the part of the complainant.

Challenges in Ship Arrest

Securing a ship arrest can be challenging due to the need for expedited court decisions before the vessel departs Omani waters. Preparing and submitting supporting documents, along with their authentication from relevant authorities in the concerned country and translation into Arabic, can also be time-consuming and intricate. Additionally, implementing the arrest decision entails navigating through various local authorities to ensure prompt and efficient enforcement, adding another layer of complexity to the process.


Conclusion

Ship arrest is a powerful tool for creditors to protect their maritime debts under Oman law. However, dealing with the complexities of arrest procedures, debt eligibility, and vessel repercussions requires expert legal guidance. By following the prescribed procedures and understanding their rights and responsibilities, creditors can effectively use ship arrest to secure their maritime interests in Oman. 

Contact Bait Al Qanoon for comprehensive legal assistance and guidance on Oman's ship arrest and maritime law matters.