The provisions in the Code of Organization and Civil Procedure relating to the arrest of ships have recently been amended by virtue of Act XXXI entitled ‘An Act to amend various laws (better administration of justice)’. These new amendments, which came into force as of the 18th December 2019, have introduced a novel mechanism for the service of an arrest warrant.
Under Maltese law, once a warrant of arrest is issued, it must be served on the relevant local authorities as well as on the master of the arrested vessel. Prior to the said legislative amendments, such service was carried out solely by the Court marshals. Act XXXI implemented changes allowing for an arresting creditor to list in its arrest application, the name and details of a natural or legal person who shall be responsible to affect service of the warrant onto the vessel. Once the arrest warrant is then issued, that same person shall be duly authorized by the Court to carry out service of the warrant on the master of the arrested ship. Act XXXI has also amended the application forms for precautionary and executive warrants of arrest.
Despite the above changes on the procedure to affect service on a vessel at sea, it should be noted that an arrest remains deemed executed once the Authority for Transport in Malta is duly served with a copy of the warrant.
Act XXXI is available online at:
http://www.justiceservices.gov.mt/DownloadDocument.aspx?app=lp&itemid=29862&l=1
OUTLINE
Related Insights
Charting a Global Course: How the IMO’s Net-Zero Framework Could Reshape Shipping Decarbonisation
View
FuelEU Maritime Regulation Explained: A Practical Overview and a Guide to Achieving Compliance
View
The Malta Symposium on the Convention on the International Effects of Judicial Sales of Ships
View
MARPOL at 50 – The impact of the MARPOL Convention on Malta and the efforts being made to prevent pollution from ships
View
Judicial Sale of Ships: New Convention Designed ‘to bring stability’ to Shipping Industry
View
Ann Fenech invited to write Editorial in the Journal of International Maritime Law
View
Ann Fenech, on the Presidency of the CMI and the Convention on the International Effects of Judicial Sales of Ships
View
Fenech & Fenech contributes to the 10th edition of the AIJA Transport Law Commission’s Newsletter
View
Malta Flagged Vessels: A Shipowner’s obligation to repatriate seafarers under the MLC
View
Court holds that the recovery of legal costs should be excluded from limitation under LLMC
View
SHIPPING 2022 GLOBAL PRACTICE GUIDE – Fenech & Fenech Advocates on Malta
View
Fenech & Fenech Maritime Series: Talks with the Industry – Webinar 3
View
Court of Appeal declares claim in excess of 2 million Euro to be “fictitious”
View
SHIPPING 2021 GLOBAL PRACTICE GUIDE – Fenech & Fenech Advocates on Malta
View
ILO publishes The Third Revision of its Information Note on Maritime Labour Issues and Coronavirus (COVID-19)
View
Further Guidelines for Extending Seafarer Employment Agreement during COVID-19
View
Fenech & Fenech contribute the Malta Chapter to Legal 500’s Shipping Comparative Guide 2020
View
Ann Fenech delivers opening lecture at ELSA Maritime Law Webinars Academy
View
Port notice 7/20 – Dispute Resolution and Procedures under S.L 545.30
View
COVID-19 : Additional Precautionary Measures and Instructions issued by Transport Malta
View
Managing Partner Ann Fenech interview by Maritime & Logistics in the Times of Malta
View
Malta Colloquium on the International Recognition of Judicial Sales in The Sunday Times
View
