Changes

http://zoeken.rechtspraak.nl/resultpage.aspx?snelzoeken=true&searchtype=kenmerken&vrije_tekst=bq5031

Mr L.M. Schat for Pianura Amatori SpA

'''Summary'''

A creditor of a maritime claim against a Vessel’s Manager may arrest a vessel that is owned by the Manager, even though no connection exists between the claim and the arrested vessel.

(1) Subject to the provisions of para.(4) of this article and of article 10, a claimant may arrest either the particular ship in respect of which the maritime claim arose, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship, even though the ship arrested be ready to sail; but no ship, other than the particular ship in respect of which the claim arose, may be arrested in respect of any of the maritime claims enumerated in article 1, (o)[disputes as to title or ownership], (p)[disputes between co-owners] or (q)[disputes relating to the mortgage of the ship].

(…)

(4) When in the case of a charter by demise of a ship the charterer and not the registered owner is liable in respect of a maritime claim relating to that ship, the claimant may arrest such ship or any other ship in the ownership of the charterer by demise, subject to the provisions of this Convention, but no other ship in the ownership of the registered owner shall be liable to arrest in respect of such maritime claim. The provisions of this paragraph shall apply to any case in which a person other than the registered owner of a ship is liable in respect of a maritime claim relating to that ship. [Emphasis added]