PANAMA Law and Practice Contributed by: Nadya Price and Joaquín De Obarrio, Patton Moreno & Asvat
• any indemnities due for damages caused by fault or negligence; • any amounts owed by way of contribution in gen - eral averages; • any amounts owed by virtue of obligations con - tracted for the necessities and provisioning of the vessel; • any amounts taken on the bottomry of the vessel and rigging for supplies, arms and apparel, and insurance premiums; • any salaries of pilots and watchmen, and conser - vation and custody expenses of the vessel, its rigs and supplies; • any indemnities owed to carriers and passengers for failure to deliver the goods carried or for any damages thereto imputable to the captain or the crew; and • the price of the last acquisition of the vessel and any interest due. The following liens will have privilege over the freight and will concur on its price in the following order: • any judicial costs caused in the common interest of creditors; • any expenses, indemnities and salaries for assis - tance and salvage; • any salaries, remuneration and compensation due to the captain and crew for the voyage in which the freight was earned; • any amounts due by way of general averages con - tributions; • bottomry bonds on freight earned; • insurance premiums; • any amounts of capital and interest owed by virtue of the obligations contracted by the captain on the freight, with the legal formalities; • any indemnities owed to carriers and passengers for failure to deliver the goods carried or for any damages thereto imputable to the captain or the crew; and • any other duly registered debt guaranteed by bottomry bond, naval mortgage or pledge on the freight. The following liens will have privilege over the cargo and will concur on its price in the following order:
• any judicial costs caused in the common interest of creditors; • any expenses, indemnities and salaries for assis - tance and salvage; • any commercial taxes or fiscal rights owed at the place of unloading; • any transportation and cargo expenses; • any leasing of storage for the things unloaded; • any amounts owed by general averages contribu - tions; • bottomry bonds and insurance premiums; • any amounts of capital and interest owed by virtue of the obligations contracted by the captain on the freight, with the legal formalities; and • any other loan with pledge on the cargo, if the lender holds the bill of lading. 5.3 Liability in Personam for Owners or Demise Charterers A vessel may be arrested in rem, regardless of the owner’s personal liability. Notwithstanding, the owner or the demise may be held liable in an in personam claim if the applicable law so allows. 5.4 Unpaid Bunkers A bunker supplier may arrest a vessel in connection with unpaid bunkers. Under Panamanian law, bunker claims generally permit the arrest of a vessel, regard - less of whether the supply was requested by the own - er, operator or charterer. Any party affected by that To obtain an arrest order, it is necessary to file an arrest request and complaint, with prima facie evidence of the claim. The plaintiff must also cover the court arrest and maintenance expenses. In the Panamanian juris - diction, an arrest is available in three instances, as follows. Physically Seizing Property Susceptible to Arrest in Order to Make Effective Privileged Maritime Liens Over That Property If filing an in rem claim against the vessel, the Mari - time Courts may order the arrest of a vessel of any nationality in Panamanian waters, in order to attain jurisdiction. It would be necessary to deposit the fol - lowing before the Maritime Courts: debt may file for the arrest. 5.5 Arresting a Vessel
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