15.1 Generally

15.1.1 Widespread use

The arrest of ships, in the context of enforcement of maritime liens, in proceedings brought in rem whether on a maritime lien or not is a recognised feature of international maritime commerce and international maritime jurisdiction. ¹ Except in India, subject to any local laws, an action brought in rem, however described or begun, either as an application or originating claim or whatever, enables a warrant or similar made by order to issue for the arrest of the res. ² Thus entitlement to commence an action in rem provides the entitlement to apply for an arrest warrant to arrest the res. In India the process is slightly different: a maritime claim by the 2017 Admiralty (Jurisdiction and Settlement of Maritime Claims) Act includes a maritime lien and an order arresting a vessel made by the High Court to secure a maritime claim by virtue of s 2(1)(c).