USA Law and Practice Contributed by: Seward & Kissel LLP, Seward & Kissel LLP
See 4.3 Liability in Personam for Owners or Demise Charterers regarding the Commercial Instruments and Maritime Lien Act (46 USC Sec - tion 31301 et seq) and vessel arrests. 4.5 Arresting a Vessel In a Rule B action seeking an in personam attachment or garnishment – which may include vessel seizures – the court requires a verified complaint by the plaintiff setting forth a prima facie valid admiralty claim at the time of the filing of the complaint, and an accompanying affidavit signed by the plaintiff or the plaintiff’s attorney stating that, to the affiant’s knowledge, or on information and belief, the defendant cannot be found within the district. In a Rule C in rem arrest action, the court like - wise requires a verified complaint that describes with reasonable particularity the property that is the subject of the action, and that the property is within the district or will be within the district while the action is pending. 4.6 Arresting Bunkers and Freight Although arrest proceedings are more com - monly brought against the vessel itself, Rule B attachment proceedings could encompass proceedings to arrest bunkers or freight as part of a maritime lien claim or proceeding in aid of arbitration. Rule B provides that “a verified com - plaint may contain a prayer for process to attach the defendant’s tangible or intangible personal property – up to the amount sued for – in the hands of garnishees named in the process”. Bunkers and freight may therefore be seized in so far as they are a “defendant’s tangible or intangible personal property”. 4.7 Sister-Ship Arrest There is no associated or sister-ship arrest regime in the USA. However, property of the
defendant may be attached under Rule B of the Supplemental Rules and, where the defendant owns a vessel and if the requirements of Rule B are met, that vessel may be seized as part of a maritime attachment proceeding. Maritime attachment is available under Rule B where a plaintiff has a maritime claim (not necessarily a lien claim), and that plaintiff can attach property of the defendant, provided that the defendant is not found within the federal judicial district where the property is located for jurisdictional and service-of-process purposes. Some parties may also seek to “pierce the corporate veil” to reach associated vessels. 4.8 Other Ways of Obtaining Attachment Orders Apart from ship-arrest proceedings under Rule C, a Rule B attachment proceeding is the prima - ry means by which pre-judgment security may be obtained. See also 4.6 Arresting Bunkers and Freight and 4.7 Sister-Ship Arrest . 4.9 Releasing an Arrested Vessel The options available to an owner or other inter - ested party to release an arrested vessel are set out under Rule E(5) of the Supplemental Rules. Rule E(5) allows the parties to post security in order to secure a vessel’s release, by stipulat - ing “the amount and nature of such security” by way of a special or general bond conditioned to answer the judgment of the court or of any appellate court. Accordingly, a Club LOU or oth - er third-party surety bond may be acceptable, if the parties can agree. In the absence of agreement between the par - ties, the court may direct that the principal sum of the bond be set at an amount sufficient to cover the plaintiff’s claim, fairly stated with accrued interest and costs, up to a maximum of the smaller of twice the amount of the plaintiff’s
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