DENMARK Law and Practice Contributed by: Johannes Grove Nielsen and Camilla Søgaard Hudson, Bech-Bruun
The time bar is suspended by the initiation of legal proceedings. The time limit can be extended after the damage or loss occurred by agreement between the par - ties. Any agreement between the parties extend - ing a time bar prior to the occurrence of a loss or damage is invalid. 4. Maritime Liens and Ship Arrests 4.1 Ship Arrests Denmark is a party to the 1952 Arrest Conven - tion, which has been implemented into Chapter 4 of the Danish Merchant Shipping Act. In addi - tion, the Danish Administration of Justice Act, which contains general rules on arrest, applies alongside the Danish Merchant Shipping Act. 4.2 Maritime Liens Denmark is a party to the 1967 Lien Conven - tion, which has been implemented into Chapter 3 of the Danish Merchant Shipping Act. Also, as stated previously, the Danish Administration of Justice Act, containing general rules on arrest, applies alongside the Danish Merchant Shipping Act. The Danish Merchant Shipping Act contains an exhaustive list of claims, which may be used as a basis for maritime liens. For example, a mari - time lien may be granted based on claims for compensation for personal injury arising in direct connection with the operation of the ship. Liabili - ties resulting from contracts for chartering a ves - sel cannot serve as a basis for a maritime lien. 4.3 Liability in Personam for Owners or Demise Charterers Denmark has implemented the 1952 Arrest Con - vention with a reservation, according to which
making an arrest in Denmark presupposes that the claim can be levied against the ship-owner. The general rule is that only the particular ship in respect of which the maritime claim arose may be arrested. However, sister ships owned by the ship-owner of the ship in respect of which the maritime claim arose may also be arrested, pro - vided that the claim is not a dispute on property rights to a ship or a dispute between co-owners of a ship on property rights, possession, the use or revenues of the ship or mortgages on the original ship. Arrest in associated ships is not possible. According to Danish law, arrest can thus only take place without the owner being personally liable for the claim if the claim is also secured by a maritime lien. This applies regardless of the creditor being domiciled in a country that has implemented the Convention without a corre - According to the Danish Merchant Shipping Act, an arrest requires that the owner of the ship can be held personally liable, unless the claim is secured by a maritime lien. Consequently, if bunkers were supplied to a chartered vessel, and if the bunkers were ordered by the charter - er and not by the owner, the claim cannot form the basis of an arrest, as the ship’s owner is not liable and as bunker suppliers are not afforded a maritime lien under Danish law. If, however, the owner is liable towards the bunker supplier, the bunker supplier may apply for an arrest of the vessel. A supplier may, irrespective of the foregoing, apply for an arrest pursuant to the Danish Admin - istration of Justice Act, as previously mentioned. sponding reservation. 4.4 Unpaid Bunkers
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