What is Ship Arrest?
Ship arrest in Cameroon is a legal measure governed by the Merchant Marine Community Code of August 3, 2001, revised in July 2012, and inspired by the 1999 International Convention on the Arrest of Ships and the 1952 Brussels Convention on Ship Arrests. It provides claimants with a tool to secure maritime claims, ensuring debts linked to a ship are addressed effectively.
What Laws Govern Ship Arrest in Cameroon?
Ship arrest is regulated by:
The CEMAC Merchant Marine Code (2001, revised 2012).
The 1952 Brussels Convention on Ship Arrests.
What Claims Can Lead to Ship Arrest?
Section 149 of the CEMAC Merchant Marine Code outlines maritime debts eligible for ship arrest, including:
- Damages caused by ship operations.
- Death or injury related to ship activities.
- Environmental damage or cleanup costs.
- Salvage operations and associated contracts.
- Claims for unpaid crew wages or social contributions.
- Disputes over ship ownership or mortgages.
- Costs for ship maintenance, repairs, or reconstruction.
- Contracts for ship hire or goods/passenger transport.
- Claims arising from ship sales or purchases.
What Conditions Must Be Met to Arrest a Ship?
Can Any Ship Be Arrested?
Yes. A ship can be arrested if:
- It is the vessel directly linked to the claim (action in rem).
- It belongs to the same owner responsible for the claim (action in personam).
Can a Ship Be Arrested After Ownership Changes?
Yes. Even if ownership changes, a ship can still be arrested as long as the debt is tied to that vessel.
What Are the Steps to Arrest a Ship in Cameroon?
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Obtain Approval from the Maritime Authority
Before filing for an arrest, the claimant must get approval from the Minister of Transport, the maritime authority in Cameroon.
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File an Application in Court
The process begins with an application submitted to the President of the Court of First Instance.
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Ensure Compliance with Procedural Deadlines
Once the arrest order is issued, the claimant has one month to initiate proceedings on the merits and secure a writ of execution.
Who Executes the Arrest Order?
The Sheriff Bailiff
The sheriff bailiff executes the arrest by:
Issuing a report to notify the ship’s captain, the port authority, and the maritime authority.
The Maritime Authority
The maritime authority serves as the custodian of the ship and issues an order prohibiting the ship from sailing.
What Happens to an Arrested Ship?
- A ship under arrest cannot sail until a court issues a release order.
- Relevant state authorities, including the Cameroon Ports Authority, Cameroon Navy, and maritime administration, enforce compliance with the arrest order.
- The claimant is responsible for expenses incurred in keeping the ship under custody.
What Should Shipowners Do If Their Ship Is Arrested?
Shipowners should:
- Review the arrest procedures for compliance.
- Consult competent legal counsel to address the matter effectively.
Conclusion
The ship arrest process in Cameroon is an effective legal measure for claimants but requires strict compliance with procedural rules. Both claimants and shipowners must seek experienced legal guidance to navigate the process efficiently and minimize potential liabilities.
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