What the course covers
Ship arrest in Spain rests on articles 470 to 479 of the Ley 14/2014, de 24 de julio, de Navegación Marítima (Spanish Maritime Navigation Act) and on the International Convention on Arrest of Ships 1999, in force in Spain since 14 September 2011.
The starting point is the maritime claim. Article 1 of the Convention sets out a closed list, and only a claim falling within it opens the route to arrest. Characterising the claim is where most applications are won or lost, and the course works through it in detail.
Procedure follows: jurisdiction and venue under article 471 LNM, the content of the application, documentation and proof of the claim, and the counter-security required by article 472 LNM. Calculation and the accepted forms of security are practised.
The defence module is taught from the owner's side: opposition, substitution of the arrest by security, release, and claims for wrongful arrest. P&I club letters of undertaking and their acceptance are included.
Related rights close the course: maritime liens under article 125 LNM, ship mortgages under articles 126 to 144, and judicial sale under articles 480 to 486, which determines the vessel's fate and the extinction of encumbrances.
Who it is for
Shipowners, managers and their insurers. P&I clubs and correspondents. Bunker suppliers, shipyards, agents, crew and damage claimants. Lawyers instructing or resisting arrest applications in Spain. Ship valuers and surveyors.
Why it matters
Ships move. The call defines the window, and the file has to be complete before the vessel berths. Claim characterisation, the competent court and the counter-security figure are prepared in advance.
On the other side, the owner faces an immobilised ship with port costs, crew and running fixtures. The usual route out is substituting the arrest with sufficient security, which moves the argument to the amount and the issuer. Club letters of undertaking are the usual instrument, and their wording is negotiated line by line.
Sessions use anonymised orders and pleadings from the commercial courts of Spanish ports, with the Convention and the LNM text to hand. Foreign counsel and clubs also get the documentary requirements that Spanish courts apply to powers of attorney and translations.
Programme
- Maritime claims: the closed list in art. 1 of the 1999 Arrest Convention
- Jurisdiction and venue (art. 471 LNM); application, documents and evidence
- Counter-security under art. 472 LNM: calculation, forms and challenges
- Owner's defence: opposition, substitution by security and release
- P&I club letters of undertaking and wrongful arrest claims
- Maritime liens, ship mortgages and judicial sale (arts. 125-144, 480-486 LNM)
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