Article · Maritime

The Ship Is the Defendant: How Maritime Liens and Vessel Arrest Actually Work

28 U.S.C. § 1333

Type
Article
Jurisdiction
National
Date
2024-10-29
Topic
Maritime

In admiralty the ship itself can be sued. Not the owner, not the operator, not the charterer — the vessel, named as defendant, arrested by the marshal, and sold to satisfy a judgment against it. That personification is not a metaphor or a procedural convenience; it is the foundation of maritime credit, and it explains why a shipyard in one country can seize a vessel in another for a debt incurred by a charterer who no longer exists. This article explains how maritime liens arise without any filing, which claims generate them and in what priority, why a lien secretly attaches and travels with the vessel through changes of ownership, how arrest and attachment actually work, what security releases a ship and what it costs, and why the entire system exists to make a moving asset creditworthy.

The Ship Is the Defendant: How Maritime Liens and Vessel Arrest Actually Work

Maritime > Maritime Liens, Vessel Arrest, and Attachment | Published 29 October 2024 - Updated 30 April 2026 | UpLaw - uplaw.us

Personification, and why it is not a fiction

28 U.S.C. § 1333 gives district courts original jurisdiction of any civil case of admiralty or maritime jurisdiction, saving to suitors all other remedies to which they are otherwise entitled.

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