Page 29 - Insurance Times June 2024

MV AL

Quamar:

Maritime Lien

Dr. Soumi Mukherjee
- Historical Maritime Fraud M.A., PH.D

A maritime lien is often described as “the barnacle” attaching to a ship’s hull. A maritime lien, in
respect of a particular ship, travels with that ship, irrespective of whether that ship changes
ownership. Ultimately, it is the ship itself which owes obligations which may be breached. The
word “lien” is derived from a Latin word “ligament” which means binding.

A Person who has obtained a decree from a court Therefore, in case of maritime claim, the claimant has a right

in a foreign country can approach an Indian court
in personam, which means that the claimant can only claim
for enforcement of the said decree under the Civil
against a particular person. However, in case of maritime
Procedure Code, the Supreme Court had ruled in
protected against the world at large. A maritime lien is a
November 2000 in M.V. A.L. Quamar -vs- Tsavliris Salvage lien, there is right in rem, i.e. the claimant’s rights are
(International) Ltd. quasi-proprietary right and it usually provides many
advantages to the plaintiff. Some basic characteristics of
A maritime lien is often described as “the barnacle” Maritime Lien is that it arises automatically, the jurisdiction
attaching to a ship’s hull. A maritime lien, in respect of a cannot be questioned and it takes priority over any other
particular ship, travels with that ship, irrespective of form of security.
whether that ship changes ownership. Ultimately, it is the
ship itself which owes obligations which may be breached. Indian law does not define the term “maritime law”;
The word “lien” is derived from a Latin word “ligament” however, India is a signatory to the international convention
which means binding. In common law, a lien is considered on Maritime Liens and Mortgages 1993 (1993 Convention),
to be the right to hold or retain property which belongs to according to which following claims will be considered as
another person as a security for the performance of an maritime liens:
obligation or for the payment of a debt. 1. Claims regarding wages and other sums due to the
master, officer and other members of the vessel.
Maritime lien and maritime claim both overlap each other
2. Claims regarding loss of life or personal injury occurring
at various levels, however both the terms are essentially whether on land or on water which is in direct
different from each other. A maritime lien depends on the connection with the vessel.
vessel, irrespective of any change in the ownership and it
usually favours the claimant. On the other hand, a maritime 3. Claims for reward for the salvage of the vessel.
claim ceases to exist if the vessel is sold to a third party. 4. Claims regarding canal, Port and other waterways.

The Insurance Times June 2024 27