The Bangladesh Merchant Shipping Ordinance 1983, the Bangladesh Flag Vessels (Protection) Ordinance 1982, the Admiralty Court Act 2000, and others contribute to the growth of shipping in Bangladesh. Bangladeshi Maritime Laws law is based on the Admiralty Court Act 2000. Any vessel or owner may be sued in the Bangladesh Admiralty Court by anybody.
Maritime law or Admiralty Law?
Admiralty law addresses private maritime Law problems. The Chief Marine Officer Law Office includes national naval operations law and private international law against independent persons and ocean-going ships working or eating.
While each legitimate locale usually has its own maritime law, the Law of the Sea, a group of open global laws managing navigational rights, mineral rights, waterfront jurisdiction, and maritime Law links between countries, may recognize significant advances in universal maritime law, including multilateral treaties.
Bangladeshi Admiralty Law
The 2000 Admiralty Act governs the country’s admiralty law. Maritime Law of the Admiralty Courts of 1840 laid the groundwork for maritime law. Following the Act were the Admiralty Court Act, 1861, the Courts of Admiralty Act, 1891, and the Admiralty Rules of 1912. In Bangladesh, the Admiralty Courts Act 2000 covers all admiralty disputes.
Bangladesh Admiralty Court
The Supreme Court of Bangladesh’s High Court Division possesses original admiralty jurisdiction. It covers ships moored in any Bangladeshi port.
Any matter or claim related to Bangladeshi maritime law should be heard and decided by the Admiralty Maritime law Court.
(a) ship ownership
(b) any issue brought by ship co-owners about possession, employment, or income
a ship mortgage or charge claim or portion thereof
(d) ship damage claims
any ship damage claim
Any lawsuit for death or bodily harm caused by a ship Maritime flaw
any claim for ship-carried goods loss or damage
(h) any claim resulting from a ship carriage or usage or leasing agreement
Life-salvage claims from ships
any claim for ship or aircraft towage
any demand for ship or commodities forfeiture or condemnation.
Suit Institution
An action or suit in the High Court Division must be started with a plaint written out, signed, and validated pursuant to the Code of Civil Procedure, 1908. Section 7 of the Admiralty Act 2000 limits court fees to Taka 1,00,000 (One Lac), except for master or seaman claims for salaries received on board.
Bangladesh Ship Arrest Overview
Bangladesh is one of the best arrest jurisdictions because it is not a signatory to any arrest convention, the ship can be arrested in rem, in person, for security, even after the loss of navigability, and for maritime ties and claims.
Admiralty Jurisdiction is exercised by the High Court Division of the Supreme Court of Bangladesh under the Admiralty Court Law, 2000 and the Rules of Admiralty, 1912.
Admiralty Rules allow either the plaintiff or the defendant to request a warrant for the arrest of property at any time after the suit is filed, but only after an affidavit is filed and the following provisions are met.
Ø The affidavit must include the person requesting the warrant, the claim or counter-claim, the property to be arrested, and the unsatisfied claim or counter-claim.
The affidavit for a salvage distribution litigation must include the amount of money granted or agreed to be taken, as well as the name, address, and description of the person holding it.
Bangladesh Ship Arrest Application Process
The court charge is Tk. 100000 to file a suit for ship arrest. Tk is ordered to pay 100000 in a wage action. File the plaint, papers, and ship arrest application at the Court’s department or office. The application usually appears in the court’s Daily Cause List the next day.
However, if the issue is urgent, the Court produces a supplemental cause list and hears it the same day. The court admits the action and issues summons if the claim is prima facie supported. If the motion for arrest is prima facie valid, the court orders the ship’s arrest for security of the claim amount.
Without a caveat from the defendants, ship arrest applications are heard ex-parte. The Marshal of the Court serves the ship arrest order to the defendants when the claimant pays the cost. The Admiralty Court may also arrest cargo or party property.
Revocation of Bangladesh Ship Arrest Order
The same court may remove the arrest warrant if the defendant alleges that the ship was unlawfully arrested and if the defendants want a decrease in safety, however hearing such an application takes 1 or 2 weeks. When the ship is rushing, avoid this application.
A ship is freed from custody after depositing the claim money in court or providing a local bank guarantee. If the ship is released after the bank guarantee is provided, the defendants may apply for a reduction and provide a new bank guarantee. After receiving his fee, the Marshal serves the release order.
If the defendants have not surrendered the ship, the plaintiff may ask for sale pendente lite, and the Court auctions it and holds the money with the Marshal, which is given to the plaintiff if the litigation is won. When there are several claimants and the revenues are insufficient, the Court adopts English priority law.
Conventions on Bangladeshi maritime law
Bangladesh has not ratified the 1952 or 1999 International Conventions on Ship Arrest.
Ship arrests in Bangladesh: other methods Admiralty Law Jurisdiction
The petitioner may arrest the ship if the High Court Division or a foreign court rules against the ship’s owner. You may attach a ship to a suit in person before a judgment. A ship beached for scrap before a suit is installed might be connected in rem.
The Bangladesh Merchant Shipping Ordinance (MSO) 1983 allows the Principal Officer of the Mercantile Marine Department to detain unseaworthy vessels.
Under the MSO, the High Court Division may detain a foreign ship for damages caused in any part of the world to the Bangladeshi government or any Bangladeshi citizen or company, and the Principal Officer or Collector of Customs can detain a ship before such application.
Under the Regulations for Working of Chittagong Port 2001, the port authority may hold a vessel until security is provided for the damage and cost of clearing the navigational channel blockage or the whole sum is paid.
Ship arrest claims in Bangladesh under Bangladesh Maritime Law
Ships may be detained for the following claims:
This includes claims to ship ownership, share ownership, and papers such as registration certificates, log books, and navigation certificates.
Questions between ship co-owners over possession, employment, or revenue of the ship.
Any claim related to a ship’s mortgage or stake.
Any ship damage claim
Ships may incur damage claims.
- Any claim for loss of life or personal injury due to ship defects, wrongful acts, neglects, or defaults by ship owners, charterers, masters, crew, or others, being in the navigati
- Claims for ship-carried goods loss or damage
- Claims originating from agreements involving ship carrying, usage, or rental.
Any claim for salvage of life, cargo, property, or apparel from ships, whether on the high sea, territorial waters, inland waters, or in a port, including claims arising from section 12 of the Civil Aviation Ordinance, 1960, relating to aircraft and their apparel and cargo.
§ Ship or aircraft towage claims
A claim on the pilot age of a ship or aircraft
This applies to claims for commodities or materials provided for ship operation or repair.
Claim for ship building, maintenance, or equipment, or dock fees.
If a ship’s master or crew member makes a claim for pay or property receivable under the Merchant Shipping Ordinance, 1983, or in court,
- Shipmasters, shippers, charterers, or agents may claim disbursements for the ship.
- Claims deriving from a general average act;
- Claims from bottom or responder
- Claims for forfeiture, condemnation, restoration, rights of admiralty, and reliefs under the Merchant Shipping Ordinance.
Can a ship be arrested without flag discrimination?
Any ship under Bangladesh Admiralty or Maritime Law may be detained, regardless of flag.
Conclusion
The Bangladesh government encourages foreign shipowners to flag their ships in Bangladesh. The government has laid down simple shipping area development requirements. In Bangladesh, Admiralty Act 2000 governs admiralty and maritime law. The High Court Division of the Supreme Court of Bangladesh has original admiralty jurisdiction over ships and vessels docked in any Bangladeshi port.
0 Comments