The warrant of arrest of sea vessels

Abstract

This thesis will address the amendments made to the Code of Organisation and Civil Procedure in light of Act XIV 2006 and other Acts which followed thereafter, in relation to the warrant of arrest of sea vessels both as a precautionary measure as well as in its executive form. An overview of the jurisdiction within the Maltese territorial waters was carried out so as to enable the reader to comprehend the territory within which the arrest can be executed. A historical account of Admiralty Jurisdiction was given as well as the development of the jurisdiction which Maltese courts exercise over sea vessels. The former procedural method of arrest is also analysed. The purpose of this assessment was to draw a comparison between the use of two separate warrants being the precautionary warrant of impediment of departure and the precautionary warrant of seizure versus the unilateral warrant of arrest of sea vessels. Both the precautionary warrant of arrest of sea vessels and the executive one were given ample dedication in this thesis. Reference here was made to various local arrest warrants so as to further explain the procedure entailed. Furthermore the methods of revoking such warrants were also discussed. The thesis also explores the concept of enforced sales of sea vessels including court approved sales. The novel concept of sister vessel arrest was also acknowledged. In conclusion, proposals have been put forward to reflect further amendments in light of the 1999 Arrest Convention coming into force in addition to comparisons with other jurisdictions.