Attorney by Law RUGEL J &  ZORMAN
Email: marko.zorman@siol.net
Tel: +386 5 6260418
Fax: +386 5 6260417

Overview

1. Please give an overview of ship arrest practice in your country.

The Republic of Slovenia is a civil law country. The ship arrest is governed by the Maritime Code which entered into force on May 2001 and regulates apart from the ship arrest procedure also all areas of admiralty law, carriage of goods by sea and shipowner’s liability. All maritime cases including ship arrest fall under the jurisdiction of the District Court of Koper as the first instance maritime court. The second instance court is The Court of Appeal which is also located in the city of Koper. It  means a petition for an arrest order must be filed before the District Court of Koper. The Court usually  issues/or not an arrest order in a short period of time as a case may be. In the case the Court issues the arrest order then the debtor has the right to oppose the arrest order. The opposition is dealt by the same judge who granted the arrest and  usually get decided in a short time. Both parties can lodge  an appeal against the final decision of the first instance judge within the period of 8 days.  The appeal is dealt by the Court of appeal at Koper.

Applicable laws

2. Which International Convention applies to arrest of ships in your country?

Slovenia is a party  to 1952 Arrest Convention. According to the Constitution  national law must comply with  ratified international conventions.

3. Is there any other way to arrest a ship in your jurisdiction?

No.

4. Are these alternatives e.g. saise conservatoire or freezeing order?

There are possibilities to ask for an injunction as an interim measure to stop a party from disposing of assets in a commercial litigation but not in a ship arrest case which is governed by Maritime Code only in terms of lex specialis.

Claims subject to ship arrest

5. For which types of claims can you arrest a ship?

Slovenia is a state party to the 1952 Arrest Convention and accordingly if the vessel is flying the flag of the contracting party it can be arrested in Slovenia exclusively for maritime claims listed in Article 1 of the Convention.

On  the other hand, for a ship which is flying the flag of a state which is not a party to the 1952 Convention it is necessary to distinguish between two situations. Firstly, where there is a reciprocity between Slovenia and a flag state then an arrest is possible also only for maritime claims. Otherwise, if  reciprocity requirement is not fullfiled a ship can be arrested in Slovenia for each  claim indenpendently of its maritime nature.

6. Can you arrest a ship irrespectively of her flag?

Observe the answer add 5).

7. Can you arrest a ship irrespectively of the debtor?

No.

8. What is the position as regards sister ships and ships in associated ownership?

Slovenian law & practise does not allow »actio in rem«. It means, the personal liability is the main criterion for a ship arrest. Thus, any ship may be arrested which is owned by the same personal debtors. The vessel to be arrested must be still owned by the debtor  at the time of  arrest except in the case if the claim is secured by a maritime lien, mortgage or hypotec.

9. What is the position as regards Bareboat and Time-Chartered vessels?

If the debtor is a bareboat or demise charterer of the ship or a charterer, who according to the law applicable to the contractual relation between him and the shipowner or ship operator is alone/indenpendently liable to the third persons, then this ship may be arrested  or any other ship which is owned by the debtor.
 
Arrest Procedure

10. Do your Courts require counter-security in oreder to arrest a ship?

 No.

 11. Is there any difference in respect to arresting a ship for a maritime claim and a maritime lien?

In respect of a claim which relates to the ownership, co-ownership or a hypotec  on the ship including maritime lien, only the ship to which this claim relates  can be arrested. There is no other difference in a procedure itself because it appears that a maritime lien is only one of the maritime claims.

 12. Does your country recognise maritime lien? Under which International Convention, of any?

Slovenia is not a party to any of the existing international conventions on maritime liens and mortgages. Nontheless, the Slovenian Maritime Code deals with maritime liens and the priority of claims in a way that follows closely the pattern of 1926 Liens and Mortgages Convention.

13. What lapse of time is required  in order to arrest a ship since the moment the file arrives to your law firm?

An arrest can be obtained in one or two days provided the application is supported with required documents.

14. Do you need to provide a POA, or any other documents  of the claim to the Court?

Yes, a POA in original version is essential. Other documetns  that  support the maritime claim are essential as well.

15. What original documents are required, what documents can be filed electronically, what documents require notarisation and/or apostile and when they needed?

Documents  generally do not need to be in original version and/or notarisied/apostile but they must be translated in Slovene language.

16. Will your Courts accept jurisdiction over the substantive claim once a vessel has been arrested?

Yes, if a security money or a bank/P&I guarantee  has been provided by a debtor that can be enforced in Slovenia..

MISCELLANEOUS

17. Which period of time will be granted by the Courts in order for the claimants to take legal action on the merits?

The claimants should file a legal action in Slovenia within 15 days.

18. Do the Courts of your country acknpowledge wrongfull arrest?

The Slovenian Enforcement and Security Act provides that the arresting party is liable to pay damages to the opposite party if the arrest subsequently turs out to be wrongfull.

19. Do the Courts of your country acknowledge the piercing and lifting of the corporate veil?

So far, the Slovenian Courts have been reluctant to pierce the corporate veil.

20. Is it possible to have a ship sold pendente lite; if so, how long does it take?

No.

Attorney by Law RUGEL J &  ZORMAN

Attorney Peter Kos

INFO Port of Piran

About Ship Arrests / Releases in Piran

About Ship’s management, ownership or port detentions

Attorney by Law RUGEL J &  ZORMAN

Attorney Peter Kos

INFO Port of Koper

About Ship Arrests / Releases in Koper

About Ship’s management, ownership or port detentions

1 – Arrest Conventions applicable: 1952 Brussels Convention; Maritime Code
2 – Power of Attorney: Original Necessary, translated to Slovenian
3 – P&I Club Letter of Guarantee: If accepted by plaintiffs
4 – Solicitor Assistance: Necessary

DISCLAIMER: This information is not intended to constitute legal advice, for such purpose please contact Shiparrested registered law firms.

For further information, please Click here

Odvetniška družba d.n.o.
Vojkovo nabrežje 29 A
P.O.Box 643
6000 Koper
Slovenia

Tel: +386 5 6260418
Fax: +386 5 6260417

Email : josip.rugelj@siol.net ; marko.zorman@siol.net

Contact 1: Mag. Josip Rugelj; AOH: +386 41713817; Fax: +386 5 6274192;
Contact 2: Mr. M.  Zorman Sikur

Shipping Law & Claims handling dpt.

Vojkovo nabrezje 23
6000 koper
Slovenia

Tel: +386 5 627 80 90
Fax: + 386 5 627 80 91

Email: info@peterkos.com
Web: www.peterkos.com

Contact: Kos Peter (+386 41 211 532)

COMPANY LAW, ARREST OF VESSEL