Shtewi Legal & Pandi Services

editor — Wed, 05 Mar 2008 17:08:28 +0000

207 Amhamed El Magrif Street
T Tripoli
Libya

Tel: + 218 21 3341588
Fax: + 218 21 3341589
A.O.H.: + 218 91 2141080

Contact 1: Taher Shtewi
Contact 2: Mohamed Hassoun

Procedures for the arrest of vessels in Libya, by Taher Stewi, Stewi Legal & Pandi Services

editor — Wed, 19 Feb 2003 12:17:27 +0000

Procedures for the arrest of vessels in Libya, by Taher Shtewi

Shtewi Legal & Pandi Services.
shtewi@lttnet.net
207 Amhamed El Magrif Street,
T Tripoli, Libya.
Tel: + 218 21 3341588
Fax: + 218 21 3341589

Situations where the arrest procedure will be permitted.

Article 516 of the Libyan Procedures Law indicates that vessels may be arrested if either of the following positions arise.

1. If the debtor is not resident in Libya.

2. If the creditor is in reasonable doubt that the debtor will
disappear.

3. If the danger exists that the security for the debt will be
lost

4. If the creditor is in possession of a bail or such other
commercial document which contains an enforcement order by law
to settle the debt.

The arrest clauses and procedures

According to the provisions of article 516 of the Libyan Procedures Law,the arrest can only be affected against the debtor’s vessel only.

The arrest will be done by an application made to the provisional affaires judge in court of the resident of the plaintiff, with supporting documentation and the judge should issue the arrest order within 2 days.
However, there are occasions when the Judge may take longer than two days to issue the order.

If the creditor is already in possession of a judgement order by provision of Article 519/2 of the Libyan Procedures Law, the vessel can be detained without obtaining an order from the court.

The appeal against the arrest order can be made in front of the Appeal Court within three days of the notification of the original arrest order.

After the Judge has granted the arrest order, the Court Bailiff should notify the master for the purpose of preparing the arrest minutes on board the vessel and appoint a guardian of the arrest which could be either the master or some other responsible person on board or from the port authority or the court.

The arrest order must be notified within eight days, otherwise it will be considered null and void.

Within the arrest order will be a provision for the judge to fix a court hearing in the court of the port where the vessel is berthed to issue a judgment on the facts and supported documents of the arrest and to prove the debt.

The arrest order will prevent the vessel sailing until the arrest order has been lifted either by court judgement or by a judge order in the case where security has been arranged.

Releasing the vessel from arrest.

1. By Court judgement.

2. By depositing a cash security of the claim amount to the court
cashier

3. By mutual agreement between the plaintiff and defendant to
provide security in the form of a bank guarantee or a club
letter of undertaking.

4. If a judgement is issued repudiating the arrest, a small fine
can be imposed upon the plaintiffs plus an award for the losses
to the defendant caused by the arrest. (article 524 of Libyan
Procedures Law)

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Procedures for the arrest of vessels in Libya, by Taher Stewi, Stewi Legal & Pandi Services