Lloyd's Maritime and Commercial Law Quarterly
ARREST OF VESSELS IN JAPAN
Tameyuki Hosoi
Attorney at Law, Hiratsuka & Partners, Tokyo.
Structure of the system for arresting vessels
No action in rem takes place. Arrest as provisional seizure may be granted and enforced against a specific vessel as one of the debtor’s properties in order to secure the claims which may be admitted by the court at a later date. A writ can be served to her master as he is considered as the statutory authoritative agent for the owners when she is away from her registered port. A sister ship(s) may also be arrested, except in case of an application for arrest based on maritime lien.
Types of claims
A vessel can be arrested for any type of monetary claim against the owners.
The claim need not have fallen due: A claim subject to a condition precedent, a claim subject to time and even a surety’s right of future possible indemnification against the principal obligor are in advance allowed as claims for the purpose of provisional arrest (so far as it is evidently shown that unless an arrest is ordered at this stage the future enforcement of the claim be endangered).
Since a later increase of the claim amount may meet serious difficulty if the limitation of action expires before such increase, it is advisable that the claim be set out in the maximum possible amount.
Evidence of existence of a claim
It is only necessary to show the court the probability of a valid claim. It is also necessary to show that unless an arrest is ordered the enforcement of the claim may be endangered (see also the description under the heading of “Difference in treatment of national vessels and foreign vessels”). It is recommended that documentary evidence has been prepared to fulfil the two above requirements in time.
Security
The court usually requires security from the plaintiff, in addition to the court costs and so on, equivalent to roughly one-third of the value of the vessel or one-third of the amount of the alleged claim, whichever is the higher, to cover possible damage sustained by the owner of the vessel. Claim by maritime liens needs no security other than the court costs and the like.
As security, only cash, including a special banker’s draft (cashier’s cheque) issued by a commercial bank with an authority given by the authorities concerned, is
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