NEWS – Kerala High Court ordered conditional arrest of Liberian ship MSC Akiteta II under Section 4 of the Admiralty Act, following a state government suit.

HIGHLIGHTS

• Objective of the Act:
  • Consolidates laws related to admiralty jurisdiction, arrest, detention, and sale of vessels.
  • Repeals outdated British-era laws like Admiralty Court Act, 1861; Colonial Courts of Admiralty Acts, 1890 & 1891; and relevant Letters Patent of 1865.
• Applicability:
  • Applies to all vessels regardless of owner’s domicile.
  • Exemptions:
    • Inland vessels (per Inland Vessels Act, 1917),
    • Vessels under construction (unless notified),
    • Warships and non-commercial government vessels,
    • Foreign non-commercial vessels (if notified).
  • Admiralty Jurisdiction:
    • Conferred on 8 High Courts: Bombay, Calcutta, Madras, Karnataka, Gujarat, Orissa, Kerala, Hyderabad.
    • Jurisdiction extends to territorial waters.
  • Scope of Maritime Claims:
    • Disputes on ownership, damage/loss caused by vessel, personal injury, cargo loss, or commercial agreements.
  • Powers of Arrest:
    • Courts may arrest vessels to secure maritime claims.
    • Arrest possible for ownership disputes, mortgage claims, or damage liability.
    • Claimant may need to provide security to protect the defendant in wrongful arrest cases.
  • Sale of Vessels:
    • High Court may order vessel sale and determine title over sale proceeds.