Ship arrest can swiftly immobilise a vessel to preserve recovery of a claim.<\/p>\n
The evidential threshold nevertheless depends on the applicable regime.<\/p>\n
Where the Brussels Convention of 10 May 1952<\/a> applies, the rule is particularly favourable to the arresting creditor.<\/p>\n In a judgment of 13 September 2023<\/a>, the French Court of Cassation held that a mere allegation<\/strong> 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.<\/p>\n At this stage, the claimant need not therefore show that the claim appears well-founded in principle, as domestic French law requires.<\/p>\n The French Court of Cassation reaffirmed that distinction in a judgment of 10 September 2025<\/a>, 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.<\/p>\n Where the Brussels Convention does not apply, Article L. 5114-22 of the French Transport Code<\/a> requires the claim to appear well-founded in principle<\/strong>.<\/p>\n Identifying the applicable regime is therefore decisive before the application is prepared.<\/p>\n The mere-allegation rule does not dispense with checking:<\/p>\nDomestic law requires more<\/h2>\n
Arrest is not automatic<\/h2>\n