Confirm a maritime claim that allows arrest

Not every debt connected with a ship justifies arrest. The lawyer first checks that the claim falls within one of the heads in section 3(2) of the Admiralty Court Act 2000, such as cargo loss (g), charterparty disputes (h), salvage (i), necessaries and bunkers (l), repairs (m), crew wages (n) or a mortgage (c). Section 4 then decides whether an action in rem against the ship is open.

That needs a maritime lien, a claim on ownership or a mortgage, or a person liable in personam who beneficially owns the ship, or a sister ship, when the suit is filed.

Where: Claimant's lawyer · Time: 1-5 days · Law: s.3(2) Admiralty Court Act 2000; s.4(2)-(4) Admiralty Court Act 2000 · Documents: Contract, bill of lading or charterparty, Invoices and statement of account, Correspondence showing default

Tip: A claim against a charterer usually cannot found arrest of the chartered ship, because the charterer does not own her. In January 2026 the court rejected a bunker supplier's suit against a ship whose bunkers the charterer had ordered: the claim was time-barred, the in rem conditions were not met, and the owner's security was released.

Track the vessel and check the time limit

Arrest is only possible while the ship is within Bangladesh waters, usually at Chattogram outer anchorage, Mongla or a river berth. The lawyer watches her expected arrival through the agent's inward declaration and tracking data, and prepares the papers in advance. Limitation is checked at the same time, because the court applies the Limitation Act 1908 as the law of the forum even where the contract chooses foreign law. Collision claims carry two years, carrier claims one year and seamen's wages three.

No action in rem lies against the Republic, and ships of the armed forces, the border guard, police and coast guard cannot be arrested (s.9).

Where: Claimant's lawyer · Time: Days to weeks, timed to arrival · Law: Articles 30, 31, 36 and 101 Limitation Act 1908; s.9 Admiralty Court Act 2000 · Documents: Vessel particulars (IMO number, flag, owner), Expected time of arrival, Limitation calculation

Tip: A suit filed after the limitation period is rejected at admission, and section 5 of the Limitation Act cannot rescue it.

File the plaint and the arrest application

The suit is started by a plaint written, signed and verified under the Code of Civil Procedure, as section 6 of the Act requires. In an action in rem the defendant can be described as the owners and parties interested in the named vessel, and the owner, manager, master and local agent are usually joined, with the port and maritime authorities as pro forma defendants. A separate application supported by affidavit asks for a warrant of arrest. The court fee is paid by stamp or in cash to the Registrar, capped at Tk 1,00,000.

Where: High Court Division · Time: 1-2 days · Law: s.6 Admiralty Court Act 2000; s.7 Admiralty Court Act 2000; Order VI rule 15 and Order VII rule 1 CPC; Rule 3 Admiralty Rules 1912 · Documents: Verified plaint, Arrest application and affidavit, Power of attorney for a foreign claimant, Court fee

Tip: Disclose every fact against you, including any arbitration clause or foreign proceedings. Concealment is a classic ground for vacating an arrest.

Admission hearing and arrest order

The single-judge Admiralty bench hears the plaint for admission, often on the day of filing. The judge checks limitation and whether the plaint discloses a maritime claim within the Act. If a prima facie case is shown, the Admiralty Court admits the suit, issues summons and passes an ex parte order of arrest as security for the claim. A ship arrest in Bangladesh is therefore a court order, not an administrative step; the port cannot detain a ship for a private creditor on its own.

Where: High Court Division · Time: Same day to 3 days · Law: s.8 Admiralty Court Act 2000; s.4(4) Admiralty Court Act 2000; Admiralty Rules 1912 (warrant of arrest on affidavit) · Documents: Admitted plaint, Signed arrest order

Tip: Ask for the order to be communicated by the fastest means; ships can sail within hours of completing cargo work.

The Marshal serves the warrant

The Marshal of the Admiralty Court executes the arrest. The order is sent to the port authority, harbour master, customs and the Department of Shipping, and served on the master on board. From then on the vessel is in the custody of the court: she may not sail, and port clearance is withheld until a release order is made. The court may also direct that the ship's certificate of registry be deposited with the Marshal. Moving an arrested ship without leave is contempt of court.

Where: Marshal of the Admiralty Court · Time: Same day to 2 days · Law: s.4(4) Admiralty Court Act 2000; Admiralty Rules 1912 (warrant of arrest on affidavit) · Documents: Warrant of arrest, Covering letters to the port, customs and Department of Shipping

Tip: Keep a copy of every communication from the Marshal; disputes later turn on the exact time the order reached the ship.

Vessel held at the port

After a ship arrest in Bangladesh, the vessel stays at anchorage or at berth under the Marshal's custody. Port dues, crew wages and provisions keep running, and the owner remains responsible for safe manning. The port authority has its own separate powers to detain a ship for unpaid dues and to refuse port clearance, which sit alongside the court's order. If she is abandoned, the crew and the port often apply in the same suit for directions, because unpaid wages and port charges will later rank against any sale proceeds.

Where: Port authority and harbour master (Chattogram or Mongla) · Time: Until security is given or sale is ordered · Law: ss.29-30 Chattogram Port Authority Act 2022; s.4(7) Admiralty Court Act 2000 · Documents: Port dues statements, Crew list, Marshal's custody reports

Tip: Long arrests destroy value. A claimant without other security should consider an early application for sale pendente lite.

Owner's application to vacate the arrest

The owner, a disponent owner or any person interested in the ship can appear and apply to recall or vacate the arrest, sometimes with an application under Order VII rules 10 or 11 to return or reject the plaint. The usual grounds are that the claim is not a maritime claim, that the conditions in section 4 are not met, that the claim is time-barred, or that facts were concealed. Appearing only to protect the ship or to give security is not, by itself, treated as submission to the court's jurisdiction on the merits.

Where: High Court Division · Time: 1-6 weeks · Law: s.4 Admiralty Court Act 2000; Order VII rules 10 and 11 CPC; Island Oil Ltd v M.T. Mandala, Admiralty Suit 21 of 2023 (27 January 2026) · Documents: Application to vacate with affidavit, Written objection, Ownership and charter documents

Tip: An owner who wants the ship moving should usually offer security without prejudice while contesting the arrest.

Security for release

Most arrests end with security rather than a contest. The court fixes an amount and the owner furnishes a bank guarantee, or a cash deposit, in favour of the Marshal, to abide the result of the suit. The figure is not simply the amount claimed: the court looks at the claimant's best reasonably arguable case plus interest and costs, and can reduce or increase it. In March 2026 it cut security from a claim of about USD 2.78 million to USD 250,000.

In another March 2026 suit, a hull insurance policy pledged to a lender was refused as security.

Where: Bank issuing the guarantee · Time: Days to 3 weeks · Law: Rules 23 and 31 Admiralty Rules 1912; M.V. You Bang, 51 DLR (AD) 90; Grandee Central East Shipping v M.V. Princess Jia Jia, Admiralty Suit 8 of 2026; Sabera Begum v M.V. Titu 54, Admiralty Suit 13 of 2026 · Documents: Bank guarantee in favour of the Marshal, Board resolution, Draft release order

Tip: A P&I club letter of undertaking is common abroad, but the Bangladesh court has generally required a bank guarantee unless the claimant agrees otherwise.

Release order and departure

Once the guarantee is accepted, the court orders release and the Marshal informs the port, customs and the Department of Shipping so that the vessel can sail. The security now stands in place of the ship, and the claimant's eventual decree will be paid from it. The court can add conditions, for example an injunction restraining the owner from transferring or altering the vessel until the suit ends, as it did in a 2026 collision case.

Where: Marshal of the Admiralty Court · Time: 1-3 days · Law: Rules 23 and 31 Admiralty Rules 1912; Sabera Begum v M.V. Titu 54, Admiralty Suit 13 of 2026 · Documents: Release order, Marshal's letters to the port and customs

Tip: Check that the guarantee wording follows the court's order exactly; banks often add expiry dates the court did not allow.

Written statement and counterclaim

The defendants file a written statement and may counterclaim, most commonly for damages for wrongful arrest. Bangladesh follows the old English test: damages are payable only if the arrest was made in bad faith or with gross negligence, not merely because the claim later fails. The court can order the arresting party to give counter-security. In one suit it required a USD 1 million guarantee to cover interest on the owner's USD 10 million security, but refused further security against the counterclaim.

Where: High Court Division · Time: 1-3 months · Law: Order VIII rules 1 and 6 CPC; Shanghai Lisheng Oil Co v M.T. Gala, Admiralty Suit 8 of 2022 (11 March 2025) · Documents: Written statement, Counterclaim, Application for counter-security

Tip: A claimant who exaggerates the claim to inflate security invites both a reduction and a wrongful-arrest counterclaim.

Issues, evidence and hearing

The Admiralty Court frames issues and the trial proceeds under the Code of Civil Procedure. Since the 2026 amendments, evidence-in-chief is given on affidavit and adjournments are capped, which helps in maritime claim suits where witnesses are seafarers or overseas managers. Documents such as logbooks, bills of lading, survey reports and invoices are proved through witnesses, and the court can order a joint survey. Foreign documents need certified translations, and witnesses abroad may be examined remotely or on commission.

Where: High Court Division · Time: 6-30 months · Law: Order XIV rule 1 CPC; Order XVIII rule 4A CPC (as amended by Act XXXVI of 2026); Order XXVI CPC (commissions) · Documents: Affidavits of evidence-in-chief, Exhibits, Survey reports

Tip: Plan early how each overseas document will be proved. Unproved exhibits are a common reason maritime claims fail at trial.

Judgment and decree

The court gives judgment against the vessel in rem and against the owners in personam, usually with interest from filing until payment. If the claim is proved, the decree is satisfied from the bank guarantee or from the proceeds of sale. If the claim fails, the suit is dismissed, the security is released and any wrongful-arrest counterclaim is decided. Many suits settle before this point and are decreed on compromise under Order XXIII rule 3.

Where: High Court Division · Time: 1-3 months after hearing · Law: Order XX rules 1 and 6 CPC; s.34 CPC (interest) · Documents: Judgment, Signed decree

Tip: Apply promptly for a certified copy; the time to seek leave from the Appellate Division runs from the judgment date.

Appraisement and judicial sale

Where no security has been given, the court orders the ship to be valued and sold by public auction through the Marshal, either after decree or earlier, pendente lite, where she is deteriorating or costs are mounting. A judicial sale passes the ship free of all claims, which then attach to the sale money instead. For a Bangladesh ship, the court's order names a person entitled to transfer her, and the register is changed on that basis.

Where: Marshal of the Admiralty Court · Time: 2-6 months · Law: s.4(7) Admiralty Court Act 2000; s.39 Bangladesh Merchant Shipping Ordinance 1983 · Documents: Sale order, Valuation report, Auction notice, Bill of sale

Tip: Interested claimants should watch the sale terms closely; a low reserve price harms everyone ranking behind the costs.

Priority and distribution of the proceeds

The same court decides who is paid first from the sale fund. Several suits are often pending against one ship, so the Marshal reports all claims, payments and the balance. In 2025 the court paid a decree-holder only a proportionate share after nine suits were filed against one vessel. The Marshal's commission and custody costs come first. Seamen's wages rank ahead of other liens, then the master, and registered mortgages rank by date of registration.

Where: High Court Division · Time: 3-24 months · Law: s.4(7) Admiralty Court Act 2000; ss.40(4), 477-479 Bangladesh Merchant Shipping Ordinance 1983; Md. Yousuf Ali v M.V. Hearty Falcon, Execution Case 1 of 2025 · Documents: Marshal's report, Claims and decrees, Priority application

Tip: File your own suit promptly once a ship is under arrest; claimants who wait may find the fund already distributed.

Execution of the admiralty decree

A decree-holder files an execution case in the Admiralty jurisdiction, arising out of the suit, asking for payment from the bank guarantee or the Marshal's account. If the security falls short of the maritime claim as decreed, the decree can be executed in personam against the owner's other assets in Bangladesh under Order XXI. Payments are sometimes made provisionally and the execution kept alive until other suits against the same ship are decided, so that later claimants are not prejudiced.

Where: High Court Division · Time: 1-6 months · Law: Order XXI rules 10 and 11 CPC; Articles 182-183 Limitation Act 1908 (check which applies to the decree) · Documents: Execution application, Certified decree, Bank guarantee

Tip: Keep the bank guarantee alive. Ask the court to direct renewal well before its expiry date.