PAKISTAN Law and Practice Contributed by: Faisal Daudpota, Daudpota International
the prescribed period has expired, even on equita - ble grounds.
maritime claim is a broader statutory right to initiate an in rem action (arrest) for various, often contrac - tual, claims, as outlined in the AJHCO 1980. • Charterparty liabilities: liabilities resulting from contracts for chartering a vessel generally provide grounds for a statutory maritime claim (and poten - tial vessel arrest) under Section 3 of the Admiralty Ordinance, 1980, rather than a maritime lien. Arrest and Time Bars • Grounds for arrest: a vessel can be arrested for both maritime liens and statutory maritime claims, which include, among others: damage caused by the ship, salvage, wages, loss of life or personal injury, charterparty breaches, non-payment of goods/materials, and mortgage disputes. • Time bars and expiration: maritime liens are con - sidered valid from the moment the cause of action arises. However, they can be extinguished by laches (unreasonable delay in enforcing the claim) or by a court-ordered sale of the vessel (judicial sale). The specific time limits often follow statu - tory limitation periods for the underlying cause of action, though laches is applied on a case-by-case basis. 5.3 Liability in Personam for Owners or Demise Charterers Do the Owners or Demise Charterers Need to be Liable in Personam? This depends on the nature of the claim. For maritime liens (damage done, salvage, wages, bottomry) The personal liability of the registered owner or demise charterer is not necessarily required. A maritime lien acts as a charge on the ship that travels with it, allow - ing the vessel to be arrested even if the owner is not personally liable. For statutory in rem claims (necessaries, charterparty disputes, etc) Generally, the “relevant person” – the person who would be liable for the claim in an action in personam – must be the owner, demise charterer, or the person in possession/control of the ship when the cause of action arose.
5. Maritime Liens and Ship Arrests 5.1 Ship Arrests International Laws Governing Ship Arrests Pakistan is a signatory to the 1999 United Nations International Convention on Arrest of Ships, but it has not yet ratified it. Therefore, no international convention is directly appli - cable or enforceable regarding ship arrests in Paki - stan. Domestic Laws Governing Ship Arrests • AJHCO 1980; • SCCR, 1944 (Rules 729–775); • CPC; and • MSO 2001. 5.2 Maritime Liens In Pakistan, recognised maritime liens are limited to claims for seaman/master wages, damage caused by a ship, salvage, and bottomry, which attach to the vessel and follow it regardless of change in owner - ship. While liens for crew injuries (a form of master/ seaman claim) are generally recognised, Pakistani law distinguishes between maritime liens and statutory maritime claims. Liabilities from chartering a vessel can support a statutory maritime claim allowing ves - sel arrest. Maritime Liens and Claims in Pakistan • Recognised maritime liens: Pakistani courts rec - ognise a narrow category of maritime liens – sea - men’s wages/disbursements (including master’s wages), damage caused by a vessel, salvage, and respondentia. • Crew injuries: a maritime lien for indemnities for injuries to the crew is recognised, generally falling under the umbrella of seamen’s wages/emolu - ments. • Distinction between liens and claims: Pakistani law differentiates between these. A maritime lien is a privileged claim that attaches to the vessel from the moment the claim arises and travels with it. A
459 CHAMBERS.COM
Powered by FlippingBook