Ship Arrest: What Happens to the Crew's Wages and Rights

Quick answer: A ship arrest is a court-ordered legal seizure of a vessel, typically over an unpaid debt, and is legally distinct from a Port State Control detention, which is about safety compliance. During an arrest, the shipowner remains obligated under MLC 2006 to keep paying crew wages and providing food, water, and welfare — and if wages go unpaid for 2 months or the owner fails to arrange provisions and repatriation, the situation becomes legal “abandonment,” which obligates the flag state and the vessel’s P&I Club to step in.

Item	Detail
What triggers an arrest	Unpaid debt: bunkers, mortgage default, unpaid wages, collision claim
Who orders it	A court, via admiralty/maritime law jurisdiction
MLC 2006 abandonment threshold	2 months of unpaid wages, or failure to provide for repatriation/provisions
Who to contact if stuck aboard an arrested ship	ITF, flag state administration, Indian Embassy/Consulate, DGS

A ship being “arrested” sounds alarming, and stories of crew stuck for weeks or months on an arrested vessel do happen — but the term itself is a specific legal process, not a crisis by definition. Understanding what it actually means, and what it doesn’t, matters if you ever find yourself on a vessel going through one.

What “Ship Arrest” Actually Means

A ship arrest is a civil legal action. A creditor with an unpaid claim against the vessel — a bunker fuel supplier, a bank holding an unpaid mortgage on the ship, a shipyard owed for repairs, a cargo owner with a claim, or even the crew themselves over unpaid wages — applies to a court in the jurisdiction where the ship is currently located to have it legally detained until the debt is resolved. The court issues an arrest order, and the ship cannot legally depart the port until the matter is settled, security is posted, or the court releases it.

This is fundamentally a financial and legal dispute mechanism, not a safety enforcement action.

How This Is Different From a PSC Detention

It’s easy to confuse a ship arrest with a Port State Control (PSC) detention, but they are different processes with different causes and different resolutions:

	Ship Arrest	PSC Detention
Ordered by	A court (admiralty jurisdiction)	Port State Control authority
Reason	Unpaid debt or maritime claim	Safety, seaworthiness, or certification deficiency
Resolved by	Paying the debt or posting security	Fixing the identified deficiencies
Crew certification affected?	Not directly	Can be, if crew-related deficiencies are found

A vessel can, in unfortunate cases, face both at once — financial distress and poor maintenance often go together — which is part of why “arrested ship” situations sometimes overlap with genuinely difficult crew welfare situations.

What the Crew Is Entitled to During an Arrest

Being on an arrested vessel does not, by itself, reduce a seafarer’s rights. The shipowner remains contractually and legally bound by the Seafarer Employment Agreement (SEA) and by MLC 2006, which means:

• Wages continue to be owed for every day of the arrest, exactly as under normal operation
• Food, drinking water, and basic provisions must continue to be supplied
• Medical care must remain available
• Repatriation rights remain in force once the seafarer’s contract period is reached or exceeded

The practical difficulty is that an arrest often signals the owner is in financial trouble, and financially distressed owners are precisely the ones most likely to stop paying wages or supplying provisions — which is when the situation can tip into abandonment.

When Arrest Becomes Abandonment

MLC 2006 defines abandonment as occurring when a shipowner:

• Fails to cover the costs of the seafarer’s repatriation, or
• Has left the seafarer without necessary maintenance and support (food, water, fuel for heating/cooling, medical care), or
• Has otherwise unilaterally severed ties with the seafarer, including failure to pay contractual wages for a period of at least two months

Once a situation meets this definition, the vessel’s flag state and its P&I (Protection & Indemnity) Club have binding obligations to step in and ensure the crew’s welfare and eventual repatriation — this is a specific, enforceable mechanism, not a goodwill gesture. See our full guide to abandonment rights for the complete process.

What to Do If Your Ship Is Arrested

1. Keep working and follow the Master’s instructions unless conditions become unsafe — an arrest alone doesn’t change your operational duties.
2. Document everything: wage payments received and missed, provisions supplied, and any communication (or lack of it) from the company.
3. Contact the ITF (International Transport Workers’ Federation) — ITF inspectors specifically handle situations involving unpaid wages and arrested or abandoned vessels, and can intervene directly with the P&I Club and port authorities.
4. Contact DG Shipping (India) and your nearest Indian Embassy or Consulate if you’re an Indian seafarer stuck abroad — both have a role in escalating unresolved cases.
5. Keep your CDC, passport, and other original documents secure and on your person where possible, in case a rapid repatriation becomes available.

A ship arrest is stressful, but it is a legal process with clear rules governing what you’re owed and who becomes responsible if the owner fails to pay. The worst outcomes happen when crew stay silent and hope it resolves itself — the mechanisms to force resolution exist, but they require the affected seafarers to actually engage them.

---

Need personalized guidance? Chat with SailorGPT - India’s first AI mentor for seafarers.