Admiralty jurisdiction : actions in rem in light of recent amendments

Abstract

The aim of this paper is primarily to analyse the situation as it stands today of actions in rem in light of the introduction of the new Articles, 742B, 742C and 742D. A study of the history and evolution of Admiralty Jurisdiction in Malta has been conducted in order to determine why there was the need for the new law regulatingjurisdiction in rem. The grounds on which an action in rem may be brought against a ship or vessel as well as the requirements for such an action to be possible have been given adequate consideration, both as they stood before the amendments as well as after. Admiralty claims may be enforced either through an action in rem or an action in personam. This paper has analysed both types of actions with particular emphasis on the action in rem as it has developed throughout the years in Malta as well as in foreign jurisdictions. The recent amendments of Act XIV of 2006 to the Code of Organisation and Civil Procedure have established the grounds on which the Civil Court has jurisdiction in an action in rem against a ship or vessel. The impact which these amendments have undoubtedly had on the jurisdiction exercised by the Civil Courts in such claims has been duly analysed. Another important amendment to the same code which relates to warrants of arrest of sea vessel has been taken into consideration to try and establish what effect these new provisions will have on future admiralty claims when these provisions will come into force. Another issue which has been tackled is to what extent, if any, should the ship owner be held responsible for damage caused by such ship especially when the ship or vessel is chartered.