Our ship arrest practice
Ship arrest is an enforcement procedure specific to maritime law. It enables a maritime creditor to immobilise a vessel in port to secure the recovery of a claim. The procedure is governed by the French Code of Transport (Code des transports) and, in international disputes, by the Brussels Convention of 10 May 1952 on the Arrest of Sea-Going Ships.
Our firm operates from Marseille, France’s leading port, acting for maritime creditors who need to arrest a vessel urgently and for shipowners or owners whose vessel has been immobilised. We handle these cases in coordination with commissaires de justice, port authorities and foreign correspondents where the dispute involves a cross-border element.
Article L5114-22 of the French Code of Transport – Precautionary arrest
Any person whose claim appears prima facie well-founded may apply to the court for authorisation to arrest a vessel on a precautionary basis. It suffices to establish a maritime claim within the meaning of the Brussels Convention or the Code of Transport. The vessel may be arrested even if it is ready to sail.
| Precautionary arrest | Enforcement arrest | |
|---|---|---|
| Condition | Claim appearing prima facie well-founded | Enforceable title (judgment, arbitral award) |
| Purpose | Immobilise the vessel to obtain security or compel negotiation | Forced sale of the vessel and distribution of proceeds |
| Court | Enforcement judge or president of the commercial court (ex parte) | Enforcement judge of the tribunal judiciaire |
| Timeframe | A matter of hours (urgent) | 24-hour payment demand, then lengthy proceedings |
| Release | Upon provision of adequate security | Challenge to the title or the procedure |
Arresting a vessel to recover your claim
You hold an unpaid maritime claim: bunker supply, repairs, freight, crew wages, collision damages, port dues. The debtor is not paying and the vessel is in port. A precautionary arrest allows you to immobilise the vessel within hours, without an enforceable title. The commercial pressure is considerable: an arrested vessel costs the shipowner tens of thousands of euros per day in port charges and lost earnings.
The 1952 Brussels Convention facilitates this procedure in international disputes. The Cour de cassation confirmed in 2025 that a simple allegation of a maritime claim falling within Article 1 of the Convention is sufficient to found the right of arrest (Cass. com., 10 September 2025, no. 24-12.424, published in the Bulletin).
What we handle
- Drafting and filing the application for precautionary arrest before the enforcement judge or president of the commercial court
- Execution of the arrest by commissaire de justice in coordination with port authorities
- Determining the applicable regime: Brussels Convention 1952 (cross-border element) or Code of Transport (domestic law)
- Negotiating a bank guarantee (P&I Club letter of undertaking, bank deposit) in exchange for release
- Commencing proceedings on the merits within one month (under French law) if the arrest is precautionary
- Converting the precautionary arrest into an enforcement arrest upon obtaining an enforceable title
The stages of a precautionary ship arrest
Application to the court
Court order
Arrest at port
Notification
Security or merits proceedings
Your vessel has been arrested: how to respond
Your vessel has been arrested in Marseille, Fos-sur-Mer or another French port. Every day of immobilisation represents a significant cost: demurrage, port charges, loss of earnings, contractual penalties. Speed of response is critical.
Several levers can secure the release of the vessel. Providing security (P&I Club letter of undertaking, bank guarantee) is the fastest route. But challenging the arrest itself may sometimes be the better strategy: absence of a maritime claim, no connection between the vessel and the debt, lack of court jurisdiction, or abusive arrest giving rise to damages.
Brussels Convention 1952 or Code of Transport?
In the absence of a cross-border element, the precautionary arrest of a vessel is governed by the French Code of Transport, not by the 1952 Brussels Convention (Cass. 1re civ., 20 December 2023, no. 22-23.068, published in the Bulletin). This distinction is critical: it determines the conditions for the arrest, the applicable deadlines and the available remedies.
Our lines of defence
- Challenging the existence or maritime character of the claim
- Obtaining release against provision of security (P&I letter, bank guarantee, deposit)
- Challenging the jurisdiction of the court that authorised the arrest
- Invoking lapse of the payment demand (10-day deadline)
- Claim for damages for wrongful arrest
- Identifying procedural defects: failure to notify, error as to the true owner (single ship companies)
Judicial sale of a vessel
Where the creditor holds an enforceable title and the debtor does not pay, the precautionary arrest can lead to an enforcement arrest and ultimately the forced judicial sale of the vessel. The procedure involves a 24-hour payment demand, a formal arrest report, publication and a sale before the enforcement judge.
The sale proceeds are then distributed among creditors in an order of priority determined by maritime privileges (Article L5114-8 of the Code of Transport) and maritime mortgages. Privileged creditors – crew, custody costs, port dues – rank ahead of mortgage creditors.
Our services
- Conducting the enforcement arrest procedure: payment demand, arrest report, publication
- Preparation and representation at the judicial auction before the enforcement judge
- Distribution of proceeds and management of the ranking of maritime privileges and mortgages
- Defence of the owner against forced sale: challenging the title, obtaining grace periods
- Advising prospective purchasers: bidding strategy, verification of charges, post-auction formalities
Frequently asked questions
How quickly can a vessel be arrested in France?
A precautionary arrest can be achieved within hours: filing the application, obtaining the court order, execution by commissaire de justice. Urgency is an essential element. For an enforcement arrest, a 24-hour payment demand must be served beforehand.
Can a foreign-flagged vessel be arrested in a French port?
Yes. The 1952 Brussels Convention permits the precautionary arrest of a foreign vessel in a French port provided the creditor establishes a maritime claim within the meaning of the Convention. This is one of the major advantages of maritime law for international creditors.
How can the release of an arrested vessel be obtained?
The fastest route is to provide adequate security to the creditor: a P&I Club letter of undertaking, a bank guarantee or a cash deposit. If the arrest is unfounded, a challenge before the court may lead to release and an award of damages for wrongful arrest.
What is the difference between a precautionary arrest and an enforcement arrest?
A precautionary arrest does not require an enforceable title: it suffices to show a prima facie maritime claim. It immobilises the vessel as a means of pressure. An enforcement arrest requires an enforceable title and is aimed at the forced sale of the vessel to obtain payment from the proceeds.
Do you act urgently in ports other than Marseille?
Yes. We act in all French ports – Fos-sur-Mer, Toulon, Nice, Le Havre, Dunkirk, Bordeaux and Nantes among others. For ship arrest matters, we work in coordination with local commissaires de justice to ensure swift execution.