ARGENTINA Law and Practice Contributed by: María Belén Espiñeira, International Transport & Logistics Legal Consultants – MB Espiñeira & Abogados
• claims for tortious acts against the owner, the disponent owner or the vessel resulting from the operation of the vessel; • claims for salvage reward, wreck removal expenses and general average contributions; • claims for damage or loss caused to the cargo or goods on board; • claims resulting from charterparty disputes or from the execution of contracts of carriage; • claims resulting from supplies or other neces - saries for the vessel’s operation, maintenance or service; • credits for the construction, repair or equip - ment of the vessel and for dock expenses; • claims arising from disbursements made by the Master, shippers, charterers or agents on behalf of the vessel or her owner; and • claims for the last purchase price of the ves - sel and the interest accrued during the last two years. 4.3 Liability in Personam for Owners or Demise Charterers Depending on the case, in Argentina, a vessel could be arrested regardless of her owners’ per - sonal liability on the merits constituting a rec - ognised maritime lien, for debts incurred by the demise charterer. 4.4 Unpaid Bunkers The supply of bunkers or other necessaries gives rise to a maritime lien, and thus gives a right to arrest the ship irrespective of whether it was ordered by the charterer or the owner. 4.5 Arresting a Vessel In order to obtain an order of arrest from an Argentine court, the arrestor will need to meet the following procedural requirements: • pay a court fee – 3% of the claimed amount must be paid to court;
• pay expenses concerning the National Reg - istry of Ships – 0.1% of the claimed amount; and • provide adequate counter-security for any eventual damages that the arrest might cause if it is made without the arrestor being entitled to do so. Counter-security may be given in cash, by a local bank or by a well-known local insurance company. It may be difficult to obtain locally when the arrestor is a foreign entity; however, there might be alternative ways to overcome any obstacle in this regard. The arrestor will also need to grant its lawyers a power of attorney (POA) empowering them to bring actions of arrest; nevertheless, actions could be brought without a POA if this docu - ment is presented in its original form within the following 40 days after the initial presentation requesting a vessel’s arrest. 4.6 Arresting Bunkers and Freight The Argentine Navigation Law does not specifi - cally deal with the possibility of arresting bun - kers and freight, as it does with the possibility of arresting a vessel; however, it provides that specific maritime claims confer a maritime lien over freight. Regarding the procedural requirements to bring actions of arrest on bunkers and freight, the requirements set forth by the National Civil and Commercial Procedural Code regarding pre - cautionary measures over any assets, goods or credits shall apply. 4.7 Sister-Ship Arrest Pursuant to the Argentine Navigation Law, it is possible to arrest a foreign sister ship if the ves - sel that generated the credit to be secured with
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