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

The ship arrest in Costa Rica is governed by the International Convention Relating to the Arrest of Sea-Going Ships  (Brussels, May 10, 1952)
When the creditor files for the arrest of a ship as a preventive measure he is obliged to file the merits of the claim within one month following the arrest.
The creditor must also present valid title for the claim (in Costa Rican legislation it is called “titulo ejecutivo”) to arrest the ship. In the absence of such title, the creditor must deposit a cash warranty equal to 25% of the amount of the claim, or 50% if deposit is not made in cash (Article 273 of the Civil Procedures Code) to execute a precautionary arrest of the ship. This warranty covers any damages or losses that the arrest eventually causes to the defendant in case the claim is rejected.
If the creditor has valid title for the collection (“titulo ejecutivo”), including ruling from a court of law in Costa Rica, the creditor does not have to deposit warranty.

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

International Convention Relating to the Arrest of Sea-Going Ships  (Brussels, May 10, 1952)

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

The arrest as a precautionary measure is governed exclusively by the Brussels Convention of 1952.

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

Precautionary arrest can only be ordered as a result of a maritime credit, according to the Convention of 1952.
When the creditor has valid title, including court ruling, the arrest can be based on other credits than maritime.

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

Yes. A ship can be arrested irrespectively of her flag.

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

Yes. A ship can be arrested irrespectively of the debtor if there is connection between debtor and the claim. Si. Se puede arrestar un buque independientemente a quien sea el deudor siempre y cuando exista una conexión entre el deudor y la el objeto de la demanda.

7. Do your Courts require counter-security in order to arrest a ship?

The creditor can request precautionary arrest of the ship based on a maritime credit provided he makes the deposit of the warranty indicated in Article 273 of the Civil Procedures Code to execute a precautionary arrest of the ship. This warranty covers any damages or losses that the arrest eventually causes to the defendant in case the claim is rejected.

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

Yes. A maritime claim only can order a ship arrest based on the Convention of 1952. On the other hand, a maritime lien, the basis for the claim and the relation of the parties could be of any nature. A maritime lien does require a warranty as the maritime claim does.

9. Does you country recognize maritime liens? Under which International Convention, if any?

Yes. Maritime liens are recognized based on domestic law. However, Costa Rica has not ratified any international Convention on maritime liens.

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

As a preventive measure the arrest takes between 3 to 7 working days.

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

Yes. The court will verify the petitioner´s formal representation of the debtor, in order to execute the ship arrest.

12. According to which rules of law will your Courts acknowledge jurisdiction on the main action of the claim?

The Courts will acknowledge jurisdiction based on the subject, the amount of the claim or the territory.  According to the subject, the arrest of a slip falls within the jurisdiction of the civil courts.
The amount of the claim determines whether the arrest is handled by a minor (claims below US $1,350) or major court (claims above US $1,350).
In terms of territory, the case falls within  the jurisdiction of the court where the defendant is domiciled. If his location is unknown, then the claim must be handled by the court where the plaintiff has his domicile (Article 24 of the Civil Procedures Code).

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

One month.

14. Do the Courts of your country acknowledge wrongful arrest?

No, the courts in Costa Rica do not acknowledge wrongful arrests.

15. Do the Courts of your country acknowledge the pierce and lift of the corporate veil?

Yes, they acknowledge the pierce and lift of the corporate veil.