While eliminating some of the barriers to arresting vessels in Brazil, a proposed legal change would also simplify counterclaims for wrongful arrests. A law that could go on the books in Brazil would make so-called bunker arrests, which are now rare in the nation, more likely, industry news site TradeWinds reports.
The law would allow arrest of vessels until seized bunkers are removed, as well as the arrest of subsequent bunkers if the first seizure did not yield the amount sought.
The change is part of a proposed piece of legislation that would make it easier for vessels to be arrested over issues rooted in foreign countries.
“If the current bill passes, the restriction on jurisdiction is going to end, because we are going to be allowed to hear arrests and receive arrests that will not be heard in Brazil in the merits,” said lawyer Godofredo Mendes Vianna, speaking at the Lloyd’s Maritime Academy’s Ship Arrest North America seminar.
The law now requires ties to the country, beyond the presence of the vessel at a Brazilian port, to move forward with an arrest tied to international arbitration.
Another provision in the law would allow the seizure of a sister vessels owned by a defendant over claims against a different vessel.
Last June, a Rotterdam lawyer noted that high levels of bankruptcies and liquidation proceedings could mean more creditors seeking nations with favourable laws, such as the Amsterdam-Rotterdam-Antwerp (ARA) region, to arrest vessels.
