CYPRUS Law and Practice Contributed by: Kyriacos Scordis and Sofi Mylona, SCORDIS PAPAPETROU & Co LLC
4.4 Unpaid Bunkers A bunker supplier can arrest a vessel in an action in rem, provided that its claim falls within the per - missible in rem action under the Administration of Justice Act 1956 (in particular, Section 1.1(m) – “any claim in respect of goods or materials supplied to a ship for her operation or mainte - nance”). Although the supply of bunkers may give rise to a maritime claim, that claim is not a claim whereby a vessel may be arrested irrespective of who its owner is (see 4.3 Liability in Personam for Owners or Demise Charterers ). Therefore, an arrest for unpaid bunkers can only be made in an action in rem where: • the person who would be liable on the claim in an action in personam was, when the cause of action arose, the owner or charterer of the vessel, or was in possession or control of the vessel; and • at the time the action is brought, the vessel is beneficially owned with respect to all the shares therein by that person. Thus, a bunker supplier who acts as an inter - mediary whereby the ship-owner/demise char - terer has no contractual link and therefore no in personam liability may have no right to arrest. While some physical suppliers have argued that the contractual relationship is established by the bunker receipt, this on its own is unlikely to give rise to a contractual relationship without clear wording, a course of dealing or other evidence to establish an intended contractual relationship. In the case of a bareboat chartered vessel, the charterer usually assumes full control and man - agement of the ship, including the responsibility for appointing crew, maintaining the ship and covering operational expenses.
4.5 Arresting a Vessel A warrant for the arrest of a vessel can only be applied for at the time of, or at any time after, the commencement of proceedings in rem against that vessel. Such proceedings are commenced by the issuance of a writ of summons. The name, place of residence and occupation of every claimant and defendant should be included in the structure of the writ of summons, alongside a concise statement of the claim made or the relief or remedy sought. In order to arrest a vessel, the plaintiff must file an ex parte application, which must be sup - ported by an affidavit. The affidavit must state the nature of the claim, and the aid of the court is required, since the claim remains unsatisfied. It has now been established that the plaintiff is required to make full and frank disclosure of all the material facts of the case that may influence the judgment of the court. The claimant is best advised to engage the ser - vices of and be represented by a local lawyer. A power of attorney or other form of written authority may not be required by the court or the local lawyer, in the case of a foreign litigant. A retainer in writing in the form provided by the Cyprus Civil Procedure Rules is required in the case of a local plaintiff. The documents supporting the claim may not be notarised or apostilled. However, they must be in a language that is understood by the court; otherwise, they must be officially translated into Greek. Where possible, original documentation should be provided, although the court may order an arrest even if some original documen - tation is not available.
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