The Provisional Seizure of the Ship Following its Adjudication

Any person alleging a maritime claim against a ship may, under the provisions of the Brussels Convention of May 10, 1952, arrest the ship to which the claim relates (Chapter I). Furthermore, the Convention requires the arresting creditor to initiate an action on the merits, a decisive condition for maintaining the arrest of the ship. Under French procedural rules, the arresting creditor’s action on the merits must aim to convert their provisional title obtained on the ship into an enforceable title against their debtor, who can only be a person.