The jurisdiction of the Maltese courts and the grounds for proceeding against ships or vessels in the light of the 2006 amandments to the code of organisation and civil procedure

Abstract

This thesis will address the amendments made to the Code of Organisation and Civil Procedure by Act XIV of 2006 in relation to actions in rem against ships or vessels. Thanks to these amendments we have achieved a sound legal framework which can deal with modem shipping exigencies. This will firstly present a brief overview of how jurisdiction in Malta over ships and vessels has evolved, starting from the times of the Vice Admiralty Courts up to this day where the jurisdiction over ships and vessels is vested in our Civil Courts. Reference will be made to the Admiralty Court Act 1840 and the Admiralty Court Act 1861. This part will also delve into the differences existing between the two modes of procedure, in personam and in rem, by which one could proceed against a ship or vessel. This will be followed by the historical development of how the Maltese Courts have dealt with actions in rem to ultimately arrive at the present situation. A legal interpretation of the amended 742B, 742C and 742D will be given in the following chapter with reference being made mainly to English judgements and authors. This interpretation will demonstrate how the amendments were largely inspired by the Arrest Conventions and the UK Supreme Court Act of 1981. The maritime claims contained in the new Section 742B will be analysed separately and interpretation will be given on their technicalities. Section 742D brings along with it discussions on how can one proceed in rem, and it specifies the qualifications necessary for the 'relevant person'. An important issue which will be discussed in the light of local and foreign judgements is whether one can bring an action in rem, against a ship or vessel, when the claim in respect of which one wants to proceed, arose when the ship was chartered and operated by the charterer. This issue is now regulated by the law however until the year 2006 the situation before our Courts was blurred. Finally the novel concept of arresting a sister vessel, introduced in our law by the said amendments will be discussed.