SHIP ARREST UNDER THE ADMIRALTY ACT, 2017: PRACTICAL ISSUES AND RECENT JUDICIAL DEVELOPMENTS

The Admiralty (Jurisdiction and Settlement of marine Claims) Act of 2017 made a substantial change in India's marine legal framework by consolidating and codifying the legislation governing admiralty jurisdiction, maritime claims, and ship arrest. This article discusses the statutory framework for ship arrest, focusing on Sections 3 to 6 of the Act, and analyzes the nature and purpose of actions in rem and in personam. It also delves into practical issues that arise during the execution of the ship arrest mechanism, such as determining beneficial ownership, ex-parte actions, wrongful arrest, and the interaction of admiralty and insolvency procedures. Judicial developments such as M.V. Elisabeth v. Harwan Investment & Trading Pvt. Ltd., Liverpool & London S.P. & I. Ass'n Ltd. v. M.V. Sea Success I, and Raj Shipping Agencies v. M.V. Malaviya Thirty are considered to understand Indian courts' evolving approach to maritime claims and enforcement. The article contends that, while the 2017 Act has simplified India's admiralty law and increased marine claim enforcement, practical and procedural issues remain that require judicial clarification. A balanced approach is thus required to protect marine claimants while protecting shipowners from unwarranted detention and illegal arrest.