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?<\/p>\n
The answer depends in particular on whether there is a right to follow the vessel<\/strong>.<\/p>\n In a judgment of 19 November 2025<\/a>, the French Court of Cassation considered a claim for bunkers ordered by a charterer.<\/p>\n The ship had then been redelivered to its owner before the supplier sought arrest.<\/p>\n The Brussels Convention of 10 May 1952<\/a> allows the ship to which a maritime claim relates to be arrested in certain cases where the charterer alone is liable for that claim.<\/p>\n The Court held, however, that once the vessel is redelivered<\/strong>, that possibility generally disappears.<\/p>\n This is where the distinction becomes essential.<\/p>\n A claim\u2019s classification as a \u201cmaritime claim\u201d under the 1952 Convention may support an application for arrest. It does not mean that the claim always follows the vessel into the owner\u2019s hands.<\/p>\nRedelivery changes the position<\/h2>\n
A maritime claim does not necessarily follow the vessel<\/h2>\n