BAHAMAS Law and Practice Contributed by: Richard Horton and Emma Van Wynen, Alexiou, Knowles & Co.
5.4 Unpaid Bunkers A bunker supplier can generally arrest a vessel in con - nection with unpaid bunkers. Physical suppliers of bunkers (in contrast to contrac - tual suppliers) are not in contractual privity with the ship-owner, and have faced challenges in asserting their rights to arrest vessels. If bunkers are ordered by a charterer and not the owner, the ability to arrest the vessel may be limited. A charterer is generally not considered to have the authority to bind the vessel by ordering necessaries unless expressly authorised by the owner. 5.5 Arresting a Vessel In order to procure the arrest of property, the claimant has to: • issue a statement of claim; • make a search of the caveat book (though the caveat book is not available in electronic form and has fallen out of use) to confirm that there are no caveats against arrest; • file a praecipe requesting the issuance of the war - rant of arrest; • file an affidavit to lead the application containing specified particulars (including the nature of the claim, though the court has discretion to order the issuance of the warrant even if all the particulars are not included); • in the case of applications in respect to foreign ships with a flag state having a consulate in New Providence where the action is for possession or for wages, notice must be given to that consulate (except with leave of the court); and • typically, the application is made by ex parte notice of application. The affidavit may be sworn or affirmed by on the basis of instructions due to time constraints, but there is no longer any requirement for original affidavits to be filed, or for them to be apostilled, even if they are sworn or affirmed in non-Commonwealth countries. The affidavit must be notarised, and then a scanned copy can be filed electronically. There is no require - ment for a power of attorney. Documents in a foreign
Time bars for maritime claims and liens (the same approach generally applies to both) are generally the same as for regular civil claims (ie, six years for claims in contract and tort and three years for claims includ - ing personal injury or death), although certain claims have a shorter time bar as follows: • claims for oil pollution (ie, three years from the date of damage or six years from the date of the inci - • claims for damage or loss caused by another ves - sel or to its cargo, freight or property on board, or for loss of life or personal injuries suffered by any person on board another vessel caused by the vessel sought to be enforced against (ie, two years, unless the claimant can show that there was no reasonable opportunity of arresting the vessel within the jurisdiction of The Bahamas or the territorial waters of the ship’s flag, or in which the claimant resides or has their principal place of business sooner); • claims for personal injury or death to a passenger or for the loss of or damage to luggage, where the ship is flying the flag of or is registered in a state party to the Athens Convention 1974 (the Bahamas is a “state party”), or where the contract of car - riage has been made in a state party or the place of departure or destination is a state party (ie, two years); dent which caused the damage); • claims for salvage (ie, two years); • claims to enforce any contribution in respect of any overpaid proportion of any damages for loss of life or personal injuries (ie, one year); • cargo claims against the carrying ship (ie, one year); and • in rare cases, an arrest may be refused where by reason of delay such arrest would be unjust (ie, laches). 5.3 Liability in Personam for Owners or Demise Charterers Under Bahamian law, a vessel can be arrested regard - less of its owner’s personal liability on the merits con - stituting a recognised maritime lien. Maritime liens attach to the vessel itself rather than the owner, and they survive changes in ownership, even if the transfer is for value and without notice of the claim.
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