SWEDEN Law and Practice Contributed by: Michele Fara, Ninos Aho, Paula Bäckdén and Anders Leissner, Advokatfirman Vinge KB
average (where all cargo owners are responsi - ble for the losses of others). Difference Between Maritime Liens and Maritime Claims Swedish law differentiates between maritime liens and maritime claims. As stated in the fore - going, maritime liens are regulated in Chapter 3 of the Swedish Maritime Code (1994:1009). Mar - itime claims for which a vessel can be arrested are, on the other hand, regulated in Chapter 4 of the Swedish Maritime Code. The code speci - fies a list of all such maritime claims for which a ship can be arrested. This list corresponds with the list found in Article 1 of the 1952 Arrest Con - vention. The maritime claims that may lead to arrest are claims based on any of the following circumstances: • damage caused by a vessel, either in collision or otherwise; • loss of life or personal injury caused by a vessel or occurring in connection with the operation a vessel; • salvage; • demise charter agreement; • agreement concerning the carriage of goods on board a vessel on account of a charter - party, bill of lading or any such document; • loss of or damage to goods including luggage carried in a vessel; • general average; • bottomry; • towage; • pilotage; • delivery of goods or materials for a vessel’s operation or maintenance; • building, repair or equipment of a ship or charges for docking; • wages of the Master or any other crew mem - ber on account of his or her employment on board the vessel,
• Master’s disbursements and disbursements made by a consignor, charterer or shipper or agents on behalf of the vessel or her owner; • any dispute as to the ownership of a vessel; • any dispute between co-owners of a vessel as to the ownership or possession of the ves - sel or the operation of or earnings from the vessel; or • any mortgage or other contractual hypoth - ecation of a vessel. It should be noted that, because the list is exhaustive, it is not possible to arrest a vessel on a claim relating to any circumstance other than those listed. For a vessel to be arrested, the ship-owner must be liable for the maritime claim unless the claim is secured by a maritime lien. 4.3 Liability in Personam for Owners or Demise Charterers Regarding international arrests, a vessel can only be arrested for the maritime claims listed in Chapter 4 of the Swedish Maritime Code (1994:1009), provided that the owner of the ves - sel is liable for the claim. There is, however, no requirement for the ship-owner or demise char - terers to be liable in persona regarding claims that are subject to maritime lien. 4.4 Unpaid Bunkers Bunker suppliers have the option to arrest a ves - sel for claims relating to bunker deliveries pro - vided that the owner of the vessel is liable for the claim. In cases where bunkers have been sup - plied to a bareboat or time charterer, the bunker supplier can only rely on the general rules on arrest under Chapter 15 of the Swedish Code of Judicial Procedure (1942:740) to arrest bunkers on board or to seize other assets of the charterer.
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