Indian Law Lab

GUEST POST: BY AYUSHI H DANGRE When Insolvency and Admiralty proceedings are brought in the same jurisdiction, it gives rise to two situations: 1) Where in rem claimants have issued proceedings in Admiralty Court prior to the petition for winding up. 2) Where in rem claimants have issued proceedings in Admiralty Court between the presentation of a petition for winding up and the date of winding up order. It is pertinent to note at this juncture the observations of Hon’ble Courts in the case of M Krishna Shreedhar v K Shajahan 1 . The court held that in the absence of specific State Laws on the priority of maritime claim and maritime lien, the field is occupied by International Conventions. The important conventions, which require to be considered, are the International Convention on Maritime Liens and Mortgages, 1993 and the International Convention on Arrest of Ships, 1999. At the first instance, the International Convention for the Unification of Certain Rules relating t...

GUEST POST: BY AYUSHI H DANGRE There has always been a persisting confusion between a maritime lien and a maritime claim. Although, they may both overlap each other on various levels, they are essentially different from one another in the basic aspect that a maritime lien would pass on along with the vessel, irrespective of any change in ownership and would prove to be more in favor of the claimant, whereas a maritime claim ceases to exist if the vessel is sold to a third party. In case of a maritime claim, the claimant can no longer claim against the vessel if there is a change in ownership of the vessel, but only against the owner. It goes to show that, in case of a maritime claim, the claimant has a right in personam, that is, he can only claim against a particular person (natural or legal). However, in case of a maritime lien, the claimant has a right in rem, that is, his right is protected against the world at large. Maritime claims maybe right in rem or personam . The Admir...