Shipping 2026

BAHAMAS Law and Practice Contributed by: Richard Horton and Emma Van Wynen, Alexiou, Knowles & Co.

language should be translated and the translation certified. Once the court orders the issuance of an arrest war - rant, the attorneys for the party that has procured this must make a formal request to the Admiralty Marshal for service – this request must include an undertak - ing by the attorneys to be responsible for the reason - able costs and expenses involved in the service and subsequent custody of the vessel. Attorneys therefore generally require from their clients either the deposit of a sum of money to cover the estimated costs of the arrest (or for a certain timeframe under arrest) and/ or, in the case of instructions from a reputable firm of solicitors, a back-to-back undertaking. The warrant must be served by the Admiralty Mar - shal or their agent on the vessel, and the statement of claim is typically served at the same time. 5.6 Arresting Bunkers and Freight It is not possible to arrest bunkers by themselves, although they might be subject to a freezing injunc - tion – a more onerous process. Bunkers belonging to the vessel owners would be considered under arrest along with the vessel itself. A warrant for the arrest of freight can be executed by serving it on the cargo itself. If cargo is on board a vessel that is arrested (and generally in such case the cargo itself would not be under arrest), it may be dis - charged by application to the court for an appropriate order, which would be at the cost of the cargo owners. 5.7 Sister-Ship Arrest A sister-ship arrest is possible in The Bahamas. Under Sections 8 and 9 of the Supreme Court Act, the court may order the arrest of a vessel other than the one directly involved in the dispute, provided that the “sis - ter-ship” is beneficially owned by the same person who would be liable in personam in an action against the original vessel (such as the owner, charterer, or person in possession or control). This type of arrest is used to secure maritime claims when the claimant cannot immediately arrest the vessel directly involved in the dispute.

Sister-ship arrests apply only to recognised maritime claims, as outlined under 5.2 Maritime Liens , and the court will require evidence of common beneficial own - ership and the existence of a qualifying claim. Sister- ship arrest can be an effective tool in The Bahamas, particularly given the jurisdiction’s active ports and anchorage points, making it attractive for claimants seeking maritime security. 5.8 Other Ways of Obtaining Attachment Orders Apart from ship arrests, a claimant can also apply to obtain a freezing (“Mareva”) order, but must satisfy several conditions, including showing a “good argu - able case” and a risk of non-satisfaction of judgment, and providing an undertaking in damages. 5.9 Releasing an Arrested Vessel Assuming that the vessel is not sold by court order, it may be released in the following ways. • By consent with the arresting party and any other interested party, either by way of settlement and/ or provision of security acceptable to the claim - ant. The amount of security should be sufficient to cover the amount of the claim plus interest and legal costs. The form of security could be a bank or insurance company guarantee or P&I club letter of undertaking. Although it would be possible to open a joint account with attorneys on both sides and deposit the agreed amount there, practical delays are involved in opening such accounts. Another method the authors have used successfully is to deposit the agreed amount in the authors’ trust account subject to the terms of a letter of under - taking given by the firm to the arresting party. A form of consent is then filed with the court signed by the parties. • By the provision of a bail bond to the court or payment into court. If there is a dispute as to the amount of the security, the court may determine the amount, though this is usually best done by way of adjustment after release in order to avoid delays. • By application to the court where the arrest is, for example, improper or wrongful.

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