PANAMA Law and Practice Contributed by: María Teresa Diaz, Nadya Price and Joaquín De Obarrio, Patton Moreno & Asvat
• any judicial costs caused in the common interest of creditors; • any expenses, indemnities and salaries for assistance and salvage; • any salaries, remuneration and compensation due to the captain and crew for the voyage in which the freight was earned; • any amounts due by way of general averages contributions; • bottomry bonds on freight earned; • insurance premiums; • any amounts of capital and interest owed by virtue of the obligations contracted by the captain on the freight, with the legal formali - ties; • any indemnities owed to carriers and pas - sengers for failure to deliver the goods carried or for any damages thereto imputable to the captain or the crew; and • any other duly registered debt guaranteed by bottomry bond, naval mortgage or pledge on the freight. The following liens will have privilege over the cargo and will concur on its price in the follow - ing order: • any judicial costs caused in the common interest of creditors; • any expenses, indemnities and salaries for assistance and salvage; • any commercial taxes or fiscal rights owed at the place of unloading; • any transportation and cargo expenses; • any leasing of storage for the things unload - ed; • any amounts owed by general averages con - tributions; • bottomry bonds and insurance premiums; • any amounts of capital and interest owed by virtue of the obligations contracted by the
captain on the freight, with the legal formali - ties; and • any other loan with pledge on the cargo, if the lender holds the bill of lading. 4.3 Liability in Personam for Owners or Demise Charterers A vessel may be arrested in rem, regardless of the owner’s personal liability. Notwithstanding, the owner or the demise may be held liable in an in personam claim if the applicable law so allows. 4.4 Unpaid Bunkers A bunker supplier may arrest a vessel in con - nection with unpaid bunkers. Under Panamanian law, bunker claims generally permit the arrest of a vessel, regardless of whether the supply was requested by the owner, operator or charterer. Any party affected by that debt may file for the arrest. 4.5 Arresting a Vessel To obtain an arrest order, it is necessary to file an arrest request and complaint, with prima facie evidence of the claim. The plaintiff must also cover the court arrest and maintenance expenses. In the Panamanian jurisdiction, an arrest is available in three instances, as follows. Physically Seizing Property Susceptible to Arrest in Order to Make Effective Privileged Maritime Liens Over That Property If filing an in rem claim against the vessel, the Maritime Courts may order the arrest of a vessel of any nationality in Panamanian waters, in order to attain jurisdiction. It would be necessary to deposit the following before the Maritime Courts: • security to act without a power of attorney, which is returned in full once the power of
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