NEW SHIP ARREST LAW IN SPAIN

SPAIN ratified the 1999 Geneva Arrest Convention which will enter in force in 14th of September 2011 as signatory parties have reached the minimum required following Albania's signature.

THE arrest of a ship in Spain is a good tool to enforce claims against ship owners and other operators. The recent implementation of specialized mercantile Courts in Spain has improved the swiftness of the procedure and reaction of the Court where an arrest application is presented. Likewise, the perception of a ship arrest as a tool to obtain security rather than as a way to proceed to the ship’s auction has increased.

A ship arrest can be carried out in 3 or 4 hours from the client’s first call. A power of attorney is required in order to aver the representation of the plaintiff. A lawyer and a bailiff need to be employed before the Court. Registration of a lawyer before any Spanish province entitles him to act before all Spanish ports for a ship arrest, including the Canaries and Balearics islands.

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