PANAMA Law and Practice Contributed by: María Teresa Diaz, Nadya Price and Joaquín De Obarrio, Patton Moreno & Asvat
or Encumbering Properties Susceptible to Those Measures Here the plaintiff may request the arrest of the vessel involved in the transaction that gave rise to their claim, or of any other vessel or property belonging to the defendant. In such a case, the Maritime Courts would request security in an amount between 20% and 30% of the amount of the claim. The amounts would be affixed discretionarily by the judge. Security must be posted in cash, certified cheques issued by banks licensed to operate in Panama, or Panamanian public debt titles. After filing the complaint and an arrest motion, as a general rule of proceedings, the following documents must be filed before the Maritime Court: • a power of attorney; • a certificate of the legal existence of the plaintiff; • a certificate of the legal existence of the defendant – this document will be necessary only if the claim is filed against the owner of the vessel (in personam complaint); and • evidence of the claim. All foreign documents must be notarised as authentic and legalised according to the 1961 Hague Convention on the apostille (the “Apos - tille Convention”) or legalised before a Panama - nian consulate at the place of issuance. Docu - ments in languages other than Spanish must be translated by an official translator. 4.6 Arresting Bunkers and Freight Law 8 of 1982, as amended, allows for arrests to be executed against bunkers and freight, under the general rules for arrest.
attorney and a certificate of the legal exist - ence of the plaintiff is filed with the court; • USD1,000 security for damages that the arrest may cause; and • USD2,500 initial maintenance fees – if the arrest is not lifted promptly, the marshal may request plaintiffs to post additional fees for maintenance, and the failure to post such fees may result in lifting of the arrest. The plaintiff must file the evidence in respect of the applicable laws (copy of the relevant laws, legal opinions, lawyer affidavits and/or others). Bringing Within the Jurisdiction of Panama’s Maritime Courts Cognisance of Causes Emerging Within or Outside the National Territory, as a Result of Facts, or Acts Related to Navigation, When the Defendant Is Outside Its Jurisdiction In this case, the plaintiff may request the arrest of the vessel (regardless of its nationality or of the ship-owner’s nationality) while navigating in Panamanian waters or Panamanian ports, even if there are no other contacts with the Panamani - an 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 attorney and a certificate of the legal exist - ence of the plaintiff is filed with the court; • USD1,000 security for damages that the arrest may cause; and • USD2,500 initial maintenance fees. Assuring That the Proceedings Will Not Have an Illusory Effect, and Keeping the Defendant From Transferring, Dissipating
452 CHAMBERS.COM
Powered by FlippingBook