COLOMBIA Law and Practice Contributed by: Javier Franco, Franco & Abogados Asociados
4.5 Arresting a Vessel The specific documents that should be pre - sented are to be determined on a case-by-case basis. However, the likelihood is that a power of attorney and a certificate of incorporation (or similar), duly apostilled, will be required if the documents are coming from abroad. Other documents that could be provided to evidence the maritime claim/credit that is being alleged to promote the “arrest” should also be handed over to the court, so that the court can assess the claim properly. Before the COVID-19 pandemic, any such sup - porting documents were likely to have been presented in their original form. However, due to the enactment of Decree 806/20 as part of the measures adopted by the government to deal with the pandemic in domestic courts (now converted as permanent legislation under Law 2213 of 2022), any such documents should now be provided in copy and/or sent by email to the respective court. It is important to know that, for the “arrest” order to be granted by the domestic court, security should be provided by the arresting party, fol - lowing the parameters contained in the General Procedural Code. 4.6 Arresting Bunkers and Freight Decision 487 refers to the “arrest” of the ves - sel only, and not to the arrest of bunkers and/ or freight. However, it is theoretically possible to request a measure of this nature at some point, not under Decision 487 of 2000 (which only refers to the arrest of a “vessel”) but under Colombian general procedural law if certain requirements are met. In fact, Article 590 lit c of the Colombian Gen - eral Procedural Code opens up the possibility
of obtaining “any other measure” that the court could find it reasonable to provide in order to protect the right being litigated and to avoid its infraction, or to ensure that the effectiveness of the claimant’s petition is secured. 4.7 Sister-Ship Arrest Decision 487 of 2000 expressly provides that sister-ship arrest is possible. For that purpose, Article 42 of this international regulation mirrors what is provided in Article 3.2 of the International Convention on Arrest of Ships, 1999. 4.8 Other Ways of Obtaining Attachment Orders Article 72 of Decree 2324 establishes that any vessels involved in maritime accidents that are to be investigated by the DIMAR would need to provide security for any damages, fines and costs of the procedure before they are author - ised to set sail by the respective harbour master. In practice, this is a different path that could be used to obtain security for maritime claims. 4.9 Releasing an Arrested Vessel As per Article 44 of Decision 487 of 2000, any vessel that has been “arrested” (by a proper judge/court) could be freed whenever security has been provided in a satisfactory manner. Let - ters of Undertaking (LOUs) could be accepted in arrest procedures whenever there is agreement by the parties for that purpose. If not, a bank guarantee or an insurance policy would usually be required. 4.10 Procedure for the Judicial Sale of Arrested Ships There is no local legislation that deals specifi - cally with the judicial sale of ships in Colombia; Decision 487 of 2000 merely provides some pro - visions on the subject. Article 29 of Decision 487 is more important, as it provides for a notifica -
139 CHAMBERS.COM
Powered by FlippingBook