PAKISTAN Law and Practice Contributed by: Faisal Daudpota, Daudpota International
Sister-ships Under Section 4 (4) of the AJHCO 1980, a sister-ship can be arrested, but only if the person who is liable in personam is the beneficial owner of that sister-ship at the time the action is brought. Note that Pakistani courts have excluded time charterers from the defini - tion of “beneficial owner”, meaning sister-ship arrests usually require the same owner. Can a Vessel be Arrested Regardless of Liability on Merits? In specific circumstances, a vessel can be arrested regardless of the personal liability of the current owner. Maritime liens If the claim constitutes a recognised maritime lien (eg, collision damage, salvage, wages), the lien attaches to the ship itself (res) and remains attached regardless of a change in ownership. Therefore, a new owner who was not responsible for the liability can still have their ship arrested. Procedural requirements The arrest is initiated by filing a suit in rem and an affi - davit in the High Court (usually the Sindh High Court). The arrest is a procedural step to secure the claim. Sale of ship If a ship is sold by the court, the new owner receives a clean title, but the lien-holder has priority over the sale proceeds. 5.4 Unpaid Bunkers Key Aspects of Bunker Arrests in Pakistan Contractual v actual supplier A contractual supplier (middleman) may find it harder to arrest a vessel compared to the actual physical sup - plier, as the courts focus on who provided the “nec - essaries”. However, if the contract gives a direct lien to the supplier, it may assist, but this is not absolute against owners if they did not authorise the purchase. Charterer-ordered bunkers If bunkers are ordered by a charterer, and the supplier was aware of this (or the owner did not authorise it), an arrest is unlikely to succeed, as the owner is not liable.
Charterer’s authority Charterers are generally considered to have authority to order necessities to operate a vessel, but this does not automatically create a lien against the vessel itself for unpaid invoices, unless the charterparty or owner authorised the purchase. Difference Based on Circumstances Owner liability If the vessel owner is not personally liable for the debt (ie, the contract was with the charterer and the owner did not authorise it), a claim in rem to arrest the vessel will likely fail. Proof of supply The physical supplier must prove the bunkers were supplied on the “faith and credit of the vessel”, yet even this is often insufficient without showing the owner’s liability. In summary, for a successful arrest in Pakistan, the supplier must typically establish that the owner is lia - ble for the debt or that a specific, recognised maritime lien exists, rather than just a contractual right against the charterer. 5.5 Arresting a Vessel Formalities to Arrest a Vessel • Admiralty suit: a formal suit in rem must be filed against the ship, describing it as “Owner of or per - sons interested in the ship [name of vessel]”. • Affidavit in support: a comprehensive affidavit must be filed alongside the plaint (complaint). This affi - davit must outline the facts, the nature of the claim (eg, maritime lien, necessaries, mortgage), and the source of information. • Warrant of arrest: upon accepting the suit and affi - davit, the High Court issues a warrant of arrest. • Execution: the warrant is executed by the court’s nazir (bailiff) by pasting/nailing the original war - rant on the main mast or a conspicuous part of the ship. • Documentation: proof of ownership, port of call details, and evidence of the claim are essential.
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