A claim arose during a charter, but the ship has since been redelivered to its owner. Can the creditor still arrest it where the debtor does not own the vessel?
The answer depends in particular on whether there is a right to follow the vessel.
Redelivery changes the position
In a judgment of 19 November 2025, the French Court of Cassation considered a claim for bunkers ordered by a charterer.
The ship had then been redelivered to its owner before the supplier sought arrest.
The Brussels Convention of 10 May 1952 allows the ship to which a maritime claim relates to be arrested in certain cases where the charterer alone is liable for that claim.
The Court held, however, that once the vessel is redelivered, that possibility generally disappears.
A maritime claim does not necessarily follow the vessel
This is where the distinction becomes essential.
A claim’s classification as a “maritime claim” under the 1952 Convention may support an application for arrest. It does not mean that the claim always follows the vessel into the owner’s hands.
Article 9 of the Convention states that the Convention does not itself create a right to follow the vessel that would not otherwise exist under the applicable law.
The French Court of Cassation concluded that, where the ship was redelivered before arrest was sought, arrest is possible only if the maritime claim is secured by a maritime lien that follows the vessel.
It is then necessary to establish whether the claim falls, in particular, within the privileged categories under Article L. 5114-8 of the French Transport Code.
Check the vessel’s status when arrest is sought
Before making an application, check:
- who actually owes the debt;
- who operates and owns the ship when arrest is sought;
- whether the charter remains in force;
- and, following redelivery, whether the claim has a lien allowing the ship to be pursued.
Classification as a maritime claim is therefore not always enough.
Can the ship still lawfully be arrested for the debt when the measure is sought?
Are you considering arresting a ship for a claim arising during a charter, or contesting arrest for a former charterer’s debt? Contact the firm.