BELGIUM Law and Practice Contributed by: André Kegels, Kegels Advocaten
Once the time bar runs out, it can be retrospectively extended. Great care should be taken to ensure that the appropriate wording is used when applying for an extension of the time bar; the wrong wording can often result in a refusal to extend. It is also important that the extension is obtained from the correct person(s) in favour of the correct person(s). 5. Maritime Liens and Ship Arrests 5.1 Ship Arrests The applicable convention regarding the arrests of vessels is the International Convention on Arrest of Ships, 1952 (the “1952 Arrest Convention”). Arrests are made either by application of the convention itself or by application of the NBMC, which incorporates the same rules. Under Belgian law, there is a difference between mari - time liens as rights in rem and maritime claims, which allow the arrest of a sea-going vessel. The maritime claims for which a sea-going vessel can be arrested are listed in Article 1.1 of the 1952 Ship Arrest Convention. A “maritime claim” is one that relates to one or more of the following: • damage caused by any ship, in a collision or other - wise; • loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship; • salvage; • an agreement relating to the use or hire of any ship, whether by charterparty or otherwise; • an agreement relating to the carriage of goods in any ship, whether by charterparty or otherwise; • loss of or damage to goods, including baggage carried in any ship; • general average; • bottomry; • towage; • pilotage; • goods or materials, wherever supplied to a ship for her operation or maintenance; • construction, repair or equipment of any ship or dock charges and dues;
• wages of Masters, officers or crew; • Master’s disbursements, including disbursements made by shippers, charterers, or agents on behalf of a ship or her owner; • disputes as to the title to or ownership of any ship; • disputes between co-owners of any ship as to the ownership, possession, employment, or earnings of that ship; • the mortgage or hypothecation of any ship; • fines imposed by the Belgian authorities; and • securities due by the owner, master or manager involved in an incident involving threatening pollu - tion or damage. Interestingly, the NBMC provides that an arrest for other claims is possible for vessels under the flag of a country that did not ratify the 1952 Arrest Conven - tion. There does not seem to be any case law on this point yet. 5.2 Maritime Liens The flag of the vessel determines the rights in rem. In principle, Belgian jurisdiction will apply the rules of the flag state in respect of liens and mortgages. This means that Belgian law will almost never be applica - ble whenever issues concerning liens and mortgages arise. Indeed, most cases that require the application of liens and mortgages relate to foreign-flagged ves - sels. Foreign-registered rights in rem on a vessel will be respected on the condition that the relevant ship reg - istry, containing a minimum of information, is publicly consultable and is one from which extracts can be obtained. Belgian-flagged vessels will be subject to Belgian law on liens and mortgages. Belgian law provides vari - ous categories of rights in rem on a sea-going ves - sel. The NBMC provides for “ship security rights” and has created a new type of right in rem: “ship’s priority rights”, which have priority over “privileged claims”. These two types of rights in rem take priority over the hypotheque (the Belgian equivalent of a mortgage). Ship’s priority rights cover the various costs incurred by or for the account of the vessel from its last call into
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