Introduction
Ship arrest is a crucial legal measure that claimants can use to secure maritime claims. However, it’s important to note that this process does not involve reporting the matter to the police or detaining the ship’s crew. Instead, ship arrest in Cameroon is governed by the Merchant Marine Community Code of August 3, 2001, revised in July 2012, inspired by the 1999 International Convention on the Arrest of Ships and the 1952 Brussels Convention on the Unification of Certain Rules on Ship Arrests.
This article outlines the legal framework, conditions, and procedural steps required for ship arrest under Cameroonian law.
Legal Framework for Ship Arrest in Cameroon
Ship arrest in Cameroon is governed by:
- The CEMAC Merchant Marine Code (August 3, 2001, revised July 2012).
- The 1952 Brussels Convention on Ship Arrests.
I. Conditions for Arresting a Ship in Cameroon
A. Types of Claims
Section 149 of the CEMAC Merchant Marine Code enumerates maritime debts that justify ship arrest. These include:
- Loss or damages caused by ship operations.
- Death or bodily injury linked to ship operations.
- Salvage operations and related indemnities.
- Environmental damage caused by the ship.
- Costs of recovering or disposing of a wrecked or abandoned ship.
- Contracts for ship hire, goods transport, or passenger carriage.
- Claims for unpaid crew wages and social contributions.
- Disputes over ship ownership, co-ownership, or mortgages.
- Claims arising from the sale or purchase of a ship.
B. Conditions Relating to the Ship and Shipowner
- Arrest of the Related Vessel (“In Rem”):
- Arrest can target the ship directly linked to the claim, even if ownership has changed.
- Arrest of Other Vessels in the Fleet (“In Personam”):
- Creditors can arrest any vessel owned by the debtor at the time the claim arose. This principle applies to all vessels under the debtor’s ownership at the time of the debt.
II. Procedural Rules for Ship Arrest in Cameroon
A. Method of Arrest
According to Article 150 of the CEMAC Merchant Marine Code, the arrest process begins with an application filed in court. Before filing, approval must be obtained from the Minister of Transport, the competent maritime authority in Cameroon.
B. Competent Courts
- The President of the Court of First Instance is responsible for issuing arrest orders.
- Creditors must initiate proceedings on the merits within one month of the arrest to obtain a writ of execution. The appropriate jurisdiction is the High Court of the seaport location.
- If an arbitration clause or designated court exists in the maritime contract, those jurisdictions must be utilized.
III. Execution of Ship Arrest
A. Role of the Sheriff Bailiff
The arrest is executed by a sheriff bailiff who:
- Issues a bailiff’s report.
- Notifies the ship’s captain, the port authority, and the maritime authority.
B. Role of the Maritime Authority
The maritime authority acts as the ship’s custodian, ensuring compliance with the arrest order. This includes prohibiting the ship from sailing until the court issues a release order.
Effects of Ship Arrest
- An arrested ship cannot sail until a court order releases it.
- Relevant authorities, such as the Cameroon Ports Authority, Cameroon Navy, and maritime administration, enforce compliance with the arrest order.
- The claimant is responsible for expenses incurred by the admiralty marshal in maintaining the arrested ship.
Conclusion
Claimants seeking to arrest a ship in Cameroon must adhere to the procedural requirements to avoid jeopardizing their claims. On the other hand, shipowners should remain calm and consult experienced legal counsel to address the situation effectively. With proper compliance and guidance, both parties can navigate the ship arrest process smoothly.
To talk to a lawyer for legal assistance, Contact PRIME TIME LAW OFFICES