Sister-ship arrest and the legal fiction of one-ship companies : the commercial reality

Abstract

This dissertation provides a detailed critical analysis of the relationship found between company law and maritime law vis-à-vis sister-ship arrest. The author will ultimately look for an answer to the two research questions posed at the beginning of the dissertation. First is, if it is at all possible for Malta to improve its position as a global maritime hub while the second is what are the initiatives that Malta can take in order to place itself at par with current commercial expectations. The way the dissertation has been put together is to harbour the best possible answer for these questions. Prior to the Chapters, there is the introduction to this dissertation, because it provides the reader with specific information that is crucial for the reader to understand before they can explore the rest of the dissertation. This is followed by a Methodology and Literature Review as they supplement the introductory information. Chapter 1 is an in-depth study into the current Maltese legal system in relation to ship arrest. This chapter not only highlights the key points from the relevant provision of the law, but also points out certain limitations that are also present in the current statutory framework. Chapter 2 comprises of core principles of company law and how they are relevant and applicable within the realm of ship arrest. Case law is of utmost importance in this Chapter, as the interpretations of the different courts were analysed. Chapter 3 deals with the comparative analysis between South Africa, UK and Malta. The innovative approach of associated ships is clearly analysed along with other aspects of the foreign jurisdictions. This chapter can be seen as the building blocks to the following chapter, whereby the potential reforms were discussed. Chapter 4 is the final chapter, and it concentrates on answering the two research questions, from the analysis made from prior chapters. The reforms that were proposed are aimed at enhancing legal clarity.