In ship arrest, two related concepts have very different effects: the maritime claim and the preferential maritime claim.
The distinction becomes essential where the debtor no longer owns or operates the ship that the creditor seeks to arrest.
A maritime claim can provide a basis for arrest under the Convention
Article 1 of the Brussels Convention of 10 May 1952 lists maritime claims, including damage caused by a ship, salvage, chartering, carriage of goods, supplies, shipbuilding and repairs.
Where the Convention applies, this classification may provide a basis for arrest under its conditions.
Holding a maritime claim does not, however, automatically entitle the creditor to pursue the vessel in the hands of any owner.
A maritime lien may follow the vessel
Under French law, Article L. 5114-8 of the French Transport Code lists the claims secured by a maritime lien.
The effect is particularly important: Article L. 5114-18 provides that these liens follow the vessel into whosesoever hands it may pass.
Not every maritime claim under the 1952 Convention is therefore necessarily secured by a maritime lien under the applicable law.
Why is the distinction decisive?
The French Court of Cassation reiterated this on 19 November 2025.
That case concerned a bunker supply claim owed by the vessel’s former charterer. When arrest was sought, the charter had ended and the ship had been redelivered to its owner.
The Court held that arrest was then possible only if the maritime claim was secured by a maritime lien that follows the vessel.
This follows in particular from Article 9 of the Brussels Convention, which states that the Convention does not itself create a right to follow the vessel that would not otherwise exist under the applicable law.
Before seeking arrest, distinguish three questions:
- does the claim fall within the list of maritime claims?
- is it also secured by a maritime lien?
- does the debtor still own or operate the ship when arrest is sought?
Does the claim merely support an application for maritime arrest, or is it also secured by a lien allowing the ship to be pursued in the hands of its current owner?
Are you considering ship arrest, or do you need to determine whether a claim is secured by a maritime lien? Contact the firm.