Ship Arrest — What It Means in Maritime Law | Maritime Encyclopedia

Ship Arrest: What It Means

Ship arrest is the most powerful legal tool available to creditors in maritime commerce. When a ship is arrested, it cannot leave port — it sits until the claim is resolved or security is provided.

This matters enormously for seafarers who haven’t been paid.

Why Ship Arrest Exists

Ships travel internationally. A Greek company owning a Liberian-flagged ship managed by a Hong Kong company with Filipinos and Indians as crew is a legal maze. If the company doesn’t pay wages, which court in which country do you sue?

Ship arrest cuts through this: The ship is the asset. Arrest it wherever it is in the world. Force the owner to deal with the claim or lose the ship.

Maritime Liens — The Foundation

A maritime lien is a claim that attaches to the ship itself — not just to the owner. Even if the ship is sold, the lien follows it.

Priority of maritime liens (generally):

Crew wages — highest priority
Salvage
Tort (collision damage, personal injury)
Cargo damage
Mortgage (ship finance)

Seafarer wages beating the bank’s mortgage is intentional — international maritime law prioritises the people who actually run the ship.

The Arrest Process

Seafarer (or ITF/union acting for them) documents unpaid wages
Applies to the court in the port where the ship is located
Court issues arrest warrant (usually same day in urgent cases)
Court marshal serves warrant on the ship
Port authority blocks the ship from departing
Owner must either pay the claim OR provide security (bond, bank guarantee)

What Happens Next

Owner pays: Arrest lifted, ship sails, seafarer compensated
Owner provides security: Arrest lifted, case continues in court
Owner abandons ship: Ship may be auctioned. Crew wages paid from proceeds before any mortgage. Crew repatriated by P&I Club.

Know your rights. Unpaid wages are not something to accept passively. Chat with SailorGPT for guidance on seafarer rights and legal options.

Frequently Asked Questions

Can seafarers arrest a ship for unpaid wages?

Yes. Unpaid seafarer wages are one of the highest priority maritime liens — claims against the ship itself. In most jurisdictions, seafarers (or their union acting for them) can apply to the court for a ship arrest warrant if wages are unpaid. The ship is detained until wages are paid. This is one of the most powerful tools seafarers have.

What happens to the crew when a ship is arrested?

The crew typically remains onboard during arrest — the ship must be maintained and the crew cared for. MLC 2006 requires the P&I Club or the flag state to ensure crew welfare (food, pay, repatriation) even when a ship is under arrest. In some cases, crew members can apply for repatriation at the shipowner's expense.

How long can a ship be arrested?

A ship can be arrested indefinitely until the maritime claim is settled or security is provided (the defendant puts up a bond or bank guarantee as security for the claim). In practice, shipowners usually provide security quickly to release the ship, as every day of arrest costs money.

Which authority can arrest a ship?

Only courts (admiralty or maritime courts) have the power to arrest a ship. Creditors apply to the court with a claim — if the court finds sufficient grounds, it issues an arrest warrant. The court marshal or sheriff serves the warrant on the ship, and port authorities cooperate to prevent departure.