NEWS

  The Legal Framework According to the International Convention on the Arrest of Ships (ICAS - Geneva, March 12, 1999), “Arrest” is any detention or restriction on removal of a ship by order of a Court to secure a maritime claim, but does not include the seizure of a ship in execution or satisfaction of a judgment or other enforceable instrument. The ship arrest, being a coercive measure, may be imposed solely on commercial ships, only by Court and may secure no other claim than a maritime one (within the meaning of Art. 1, par. 1 of ICAS). Ship arrest in Bulgaria is regulated by two legal acts - the International Convention on the Arrest of Ships (Geneva, March 12, 1999), which was promulgated and entered into force on 14 September 2011, and the Bulgarian Merchant Shipping Code. There are two main ports where ship arrest can be carried...

  Arbitration in the cases, concerning carriage by sea, could be a quite significant factor for the faster, cheaper and more amicable outcome of the dispute. Still, it is common that the bills of lading contain jurisdiction clauses which provide for litigation in courts in the event that a dispute about the contract of carriage under the bill of lading arises between the parties. However, there is the possibility for the bill of lading to be issued under a charterparty and, then, it could expressly incorporate the arbitration clause of the charterparty in its own terms. Consequently, the parties to the carriage contract, which is contained in the bill of lading, may refer the arising disputes to arbitration. It is then that the question comes whether the charterparty arbitration clause was successfully incorporated into the bill of lading. In most of the cases the third party...