Ship arrest can swiftly immobilise a vessel to preserve recovery of a claim.
The evidential threshold nevertheless depends on the applicable regime.
Under the Brussels Convention, a mere allegation may suffice
Where the Brussels Convention of 10 May 1952 applies, the rule is particularly favourable to the arresting creditor.
In a judgment of 13 September 2023, the French Court of Cassation held that a mere allegation of the existence of a maritime claim listed in the Convention suffices to establish the right to arrest the vessel to which the claim relates.
At this stage, the claimant need not therefore show that the claim appears well-founded in principle, as domestic French law requires.
The French Court of Cassation reaffirmed that distinction in a judgment of 10 September 2025, overturning an appeal judgment that had applied the requirement in Article L. 5114-22 of the French Transport Code to an arrest governed by the Convention.
Domestic law requires more
Where the Brussels Convention does not apply, Article L. 5114-22 of the French Transport Code requires the claim to appear well-founded in principle.
Identifying the applicable regime is therefore decisive before the application is prepared.
Arrest is not automatic
The mere-allegation rule does not dispense with checking:
- that the claim falls within the Convention’s list of maritime claims;
- that the particular vessel can be arrested for that claim;
- that the territorial and treaty conditions are satisfied.
The strategy must also anticipate what comes next. Article 5 of the Convention allows, in particular, release from arrest where sufficient security is provided.
Effective arrest is therefore planned not only around immobilising the ship, but also around the security sought and the substantive proceedings to follow.
Does the claim actually fall within the Convention regime permitting arrest on a mere allegation, or must the application already establish that it appears well-founded in principle?
Are you considering ship arrest, or contesting an arrest already carried out? Contact the firm.