Jurisdiction of Courts (Maritime Conventions) Act , 1989

PART I Brussels Convention on the Arrest of Seagoing Ships

1 Interpretation of Part I.

1.—In this Part—

“Contracting State” means a state in respect of which the Convention is in force in accordance with the provisions of the Convention;

“the Convention” means the International Convention relating to the arrest of seagoing ships signed at Brussels on the 10th day of May, 1952.

2 Interpretation of Convention.

2.—(1) The provisions of this section shall apply for the purpose of interpreting the Convention.

(2) (a) Article 1 (1) (o) shall be construed as including disputes as to possession of a ship.

(b) Article 1 (1) (q) shall be construed as including the mortgage or hypothecation of any share in a ship.

(3) (a) For the purpose of determining under Article 3 (1) or 3 (4) whether a right exists to arrest a ship other than the particular ship in respect of which the maritime claim arose the owner of the other ship shall be taken to be its owner at the time of the issue of proceedings against it.

(b) For the purpose of Article 3 (2) ownership shall be construed as including beneficial ownership.

(4) Unless the context otherwise requires—

“master” includes every person (except a pilot) having command or charge of a ship;

“salvage” includes a reference to such claims for services rendered in saving life from a ship or in preserving cargo, apparel or wreck as, under sections 544 to 546 of the Merchant Shipping Act, 1894, are authorised to be made in connection with a ship (including in the case of cargo or wreck salvage claims in respect of cargo or wreck found on land).

3 Contracting States.

3.—(1) The Minister for Foreign Affairs may by order declare—

(a) that any state specified in the order is a Contracting State, or

(b) that a reservation (the text of which shall be set out in the order) has been made pursuant to Article 10 of the Convention, or a declaration (the text of which shall be set out in the order) has been made pursuant to Article 18 of the Convention to the Belgian Ministry of Foreign Affairs.

(2) An order in force under this section shall, as the case may be, be evidence—

(a) that any state specified in the order is a Contracting State;

(b) that a reservation or declaration set out in the order was made and of its contents.

(3) The Minister for Foreign Affairs may by order amend or revoke an order under this section including an order under this subsection.

4 Convention to have the force of law.

4.—(1) Subject to the provisions of this Part, the Convention shall have the force of law in the State and judicial notice shall be taken of it.

(2) The text of the Convention in the English language is set out for convenience of reference in the First Schedule to this Act.

5 Jurisdiction of the High Court.

5.—(1) For the purposes of this Act and the Convention the High Court shall have jurisdiction to hear and determine in admiralty proceedings in rem any of the claims mentioned in Article 1 (1) of the Convention.

(2) For the purposes of the application of the Convention to the State—

(a) the expression “the Court or other appropriate judicial authority” where it occurs in the Convention means the High Court, and

(b) “Courts” in Article 7 (1) means the High Court.

(3) Nothing in subsection (1) of this section shall deprive the High Court of any jurisdiction to hear and determine a claim connected with ships exercisable by the High Court otherwise than by virtue of this section.

(4) Where the High Court stays, declines or dismisses proceedings referred to in subsection (1) of this section on the ground that the dispute in question should be submitted to arbitration or be determined by the courts of another country the court may order that the ship arrested or, where bail or other security has been given to obtain release from arrest, the said bail or security, be retained for the purposes of satisfying (in part or in whole) any award or judgment which—

(a) is given in respect of the dispute in the arbitration or in the legal proceedings in the other country, and

(b) is enforceable in the State.

(5) Where the court makes an order under subsection (4) of this section it may attach such conditions to the order as it thinks fit, in particular conditions with respect to the institution or prosecution of the relevant arbitration or legal proceedings.

(6) Subject to any provision made by rules of court and to any necessary modifications, the same law and practice shall apply in relation to a ship, or bail or other security, which has been retained in pursuance of an order made by the court under subsection (4) of this section, as would apply if it were held for the purposes of proceedings in that court.

6 Arrest of State Ships.

6.—Notwithstanding Articles 2 and 3 of the Convention, nothing in the Convention shall modify the rules of law in force in the State at the commencement of this section in regard to the arrest of warships or ships owned by or in the service of a state.

7 Savings.

7.—(1) Nothing in this Part—

(a) shall affect section 5 of the Mail Ships Act, 1891 (which protects mail ships from arrest in certain circumstances), or

(b) shall be construed as limiting the jurisdiction of the court to refuse to entertain an action for the possession of a ship or for wages by the master or an officer or member of the crew of a ship that is not an Irish ship.

(2) Nothing in this Part shall affect section 552 of the Merchant Shipping Act, 1894 (which relates to the power of a receiver of wreck to detain a ship in respect of a salvage claim).

PART II Brussels Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision

8 Interpretation of Part II.

8.—In this Part—

“Contracting State” means a state in respect of which the Convention is in force in accordance with the provisions of the Convention;

“the Convention” means the International Convention on certain rules concerning civil jurisdiction in matters of collision signed at Brussels on the 10th day of May, 1952.

9 Interpretation of Convention.

9.—For the purpose of interpreting the Convention, unless the context otherwise requires—

“inland waters” includes all sea areas which lie on the landward side of the baseline of the territorial seas of the State;

“port” includes any harbour, dock, pier, quay, wharf, jetty, boat slip, river, estuary or haven intended or used for the accommodation, berthing or anchorage of vessels or for the shipping, unshipping or transhipping of goods.

10 Contracting States.

10.—(1) The Minister for Foreign Affairs may by order declare—

(a) that any state specified in the order is a Contracting State, or

(b) that a declaration (the text of which shall be set out in the order) has been made pursuant to Article 16 of the Convention to the Belgian Ministry of Foreign Affairs.

(2) An order in force under this section shall, as the case may be, be evidence—

(a) that any state specified in the order is a Contracting State;

(b) that a declaration set out in the order was made and of its contents.

(3) The Minister for Foreign Affairs may by order amend or revoke an order under this section including an order under this subsection.

11 Convention to have the force of law.

11.—(1) Subject to the provisions of this Part, the Convention shall have the force of law in the State and judicial notice shall be taken of it.

(2) The text of the Convention in the English language is set out for convenience of reference in the Second Schedule to this Act.

12 Jurisdiction.

12.—This Part applies in relation to the jurisdiction of any court, not being admiralty jurisdiction, as well as in relation to its admiralty jurisdiction, if any.

PART III Miscellaneous

13 Interpretation generally.

13.—(1) In this Part “the Conventions” means the International Convention relating to the arrest of seagoing ships and the International Convention on certain rules concerning civil jurisdiction in matters of collision both signed at Brussels on the 10th day of May, 1952.

(2) For the purposes of the Conventions and this Act, unless the context otherwise requires—

“ship” includes every description of vessel used in navigation;

“vessel” includes any ship or boat, or any other description of vessel used in navigation.

14 Repeals.

14.—Section 23 and, in so far as it relates to the Cork Local Admiralty Court, section 27 of the Courts (Supplemental Provisions) Act, 1961, are hereby repealed.

15 Transitional.

15.—Nothing in any provision of this Act shall affect proceedings instituted before the commencement of that provision.

16 Short title and commencement.

16.—(1) This Act may be cited as the Jurisdiction of Courts (Maritime Conventions) Act, 1989.

(2) This Act shall come into operation on such day or days as the Minister for Justice shall fix by order or orders either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

FIRST SCHEDULE International Convention Relating to the Arrest of Seagoing Ships, signed at Brussels, on May 10, 1952.

The High Contracting Parties, having recognised the desirability of determining by agreement certain uniform rules of law relating to the arrest of seagoing ships, have decided to conclude a Convention for this purpose and thereto have agreed as follows:

Article 1

In this Convention the following words shall have the meanings hereby assigned to them:

(1) “Maritime Claim” means a claim arising out of one or more of the following:

(a) damage caused by any ship either in collision or otherwise;

(b) loss of life or personal injury caused by any ship or occurring in connection with the operation of any ship;

(c) salvage;

(d) agreement relating to the use or hire of any ship whether by charterparty or otherwise;

(e) agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;

(f) loss of or damage to goods including baggage carried in any ship;

(g) general average;

(h) bottomry;

(i) towage;

(j) pilotage;

(k) goods or materials wherever supplied to a ship for her operation or maintenance;

(l) construction, repair or equipment of any ship or dock charges and dues;

(m) wages of Masters, Officers, or crew;

(n) Master's disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;

(o) disputes as to the title to or ownership of any ship;

(p) disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;

(q) the mortgage or hypothecation of any ship.

(2) “Arrest” means the detention of a ship by judicial process to secure a maritime claim, but does not include the seizure of a ship in execution or satisfaction of a judgment.

(3) “Person” includes individuals, partnerships and bodies corporate, Governments, their Departments, and Public Authorities.

(4) “Claimant” means a person who alleges that a maritime claim exists in his favour.

Article 2

A ship flying the flag of one of the Contracting States may be arrested in the jurisdiction of any of the Contracting States in respect of any maritime claim, but in respect of no other claim; but nothing in this Convention shall be deemed to extend or restrict any right or powers vested in any Governments or their Departments, Public Authorities, or Dock or Harbour Authorities under their existing domestic laws or regulations to arrest, detain or otherwise prevent the sailing of vessels within their jurisdiction.

Article 3

(1) Subject to the provisions of paragraph (4) of this Article and of Article 10, a claimant may arrest either the particular ship in respect of which the maritime claim arose, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship, even though the ship arrested be ready to sail; but no ship, other than the particular ship in respect of which the claim arose, may be arrested in respect of any of the maritime claims enumerated in Article 1(1) (o), (p) or (q).

(2) Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.

(3) A ship shall not be arrested, nor shall bail or other security be given more than once in any one or more of the jurisdictions of any of the Contracting States in respect of the same maritime claim by the same claimant: and, if a ship has been arrested in any one of such jurisdictions, or bail or other security has been given in such jurisdiction either to release the ship or to avoid a threatened arrest, any subsequent arrest of the ship or of any ship in the same ownership by the same claimant for the same maritime claim shall be set aside, and the ship released by the Court or other appropriate judicial authority of that State, unless the claimant can satisfy the Court or other appropriate judicial authority that the bail or other security had been finally released before the subsequent arrest or that there is other good cause for maintaining that arrest

(4) When in the case of a charter by demise of a ship the charterer and not the registered owner is liable in respect of a maritime claim relating to that ship, the claimant may arrest such ship or any other ship in the ownership of the charterer by demise, subject to the provisions of this Convention, but no other ship in the ownership of the registered owner shall be liable to arrest in respect of such maritime claims.

The provisions of this paragraph shall apply to any case in which a person other than the registered owner of a ship is liable in respect of a maritime claim relating to that ship.

Article 4

A ship may only be arrested under the authority of a Court or of the appropriate judicial authority of the Contracting State in which the arrest is made.

Article 5

The Court or other appropriate judicial authority within whose jurisdiction the ship has been arrested shall permit the release of the ship upon sufficient bail or other security being furnished, save in cases in which a ship has been arrested in respect of any of the maritime claims enumerated in Article 1(1) (o) and (p). In such cases the Court or other appropriate judicial authority may permit the person in possession of the ship to continue trading the ship, upon such person furnishing sufficient bail or other security, or may other-wise deal with the operation of the ship during the period of the arrest.

In default of agreement between the parties as to the sufficiency of the bail or other security, the Court or other appropriate judicial authority shall determine the nature and amount thereof.

The request to release the ship against such security shall not be construed as an acknowledgement of liability or as a waiver of the benefit of the legal limitation of liability of the owner of the ship.

Article 6

All questions whether in any case the claimant is liable in damages for the arrest of a ship or for the costs of the bail or other security furnished to release or prevent the arrest of a ship, shall be determined by the law of the Contracting State in whose jurisdiction the arrest was made or applied for.

The rules of procedure relating to the arrest of a ship, to the application for obtaining the authority referred to in Article 4, and to all matters of procedure which the arrest may entail, shall be governed by the law of the Contracting State in which the arrest was made or applied for.

Article 7

(1) The Courts of the country in which the arrest was made shall have jurisdiction to determine the case upon its merits if the domestic law of the country in which the arrest is made gives jurisdiction to such Courts, or in any of the following cases, namely:

(a) if the claimant has his habitual residence or principal place of business in the country in which the arrest was made;

(b) if the claim arose in the country in which the arrest was made;

(c) if the claim concerns the voyage of the ship during which the arrest was made;

(d) if the claim arose out of a collision or in circumstances covered by Article 13 of the International Convention for the unification of certain rules of law with respect to collisions between vessels, signed at Brussels on 23rd September, 1910;

(e) if the claim is for salvage;

(f) if the claim is upon a mortgage or hypothecation of the ship arrested.

(2) If the Court within whose jurisdiction the ship was arrested has not jurisdiction to decide upon the merits, the bail or other security given in accordance with Article 5 to procure the release of the ship shall specifically provide that it is given as security for the satisfaction of any judgment which may eventually be pronounced by a Court having jurisdiction so to decide; and the Court or other appropriate judicial authority of the country in which the arrest is made shall fix the time within which the claimant shall bring an action before a Court having such jurisdiction.

(3) If the parties have agreed to submit the dispute to the jurisdiction of a particular Court other than that within whose jurisdiction the arrest was made or to arbitration, the Court or other appropriate judicial authority within whose jurisdiction the arrest was made may fix the time within which the claimant shall bring proceedings.

(4) If, in any of the cases mentioned in the two preceding paragraphs, the action or proceedings are not brought within the time so fixed, the defendant may apply for the release of the ship or of the bail or other security.

(5) This article shall not apply in cases covered by the provisions of the revised Rhine Navigation Convention of 17 October, 1868.

Article 8

(1) The provisions of this Convention shall apply to any vessel flying the flag of a Contracting State in the jurisdiction of any Contracting State.

(2) A ship flying the flag of a non-Contracting State may be arrested in the jurisdiction of any Contracting State in respect of any of the maritime claims enumerated in Article 1 or of any other claim for which the law of the Contracting State permits arrest.