Nicola Mason, Skuld Defence Services Hong Kong, and Roger KC Wang of Sotonors Attorneys-at-law, Taipei, review the procedure for maritime claims in Taiwan

Taiwan does not have a specific maritime code and therefore anyone wishing to avail themselves of liens or injunctions in Taiwan, specifically on maritime matters, will have to refer to the new Taiwanese Civil Procedural Law.

Arrest of Vessels in Taiwan

Provided that the defendant does not have its principal business located in Taiwan, you should be able to arrest a vessel owned by the defendant. This is done by way of seizing the defendant’s assets, i.e. his owned vessel. As there is no maritime law, there is no recognition of in rem writs. To make the application to arrest the asset (the vessel), you have to establish a prima facie case against the vessel’s owner. You will be required to provide security, as assessed by the Court. You are only allowed to arrest the offending vessel (for example, if there is a cargo claim or claim arising under a charter party). You will not be entitled to arrest another vessel which is in the same beneficial ownership or management. It may be difficult to establish a sister ship arrest in Taiwan unless registered as owned by the same company.

Once the application to the Court has been made to freeze the asset (the vessel) and the claimant posts security, pursuant to the Court’s order, a claimant will have to make a further application to the Court to execute the arrest order on the vessel. This should take approximately three working days from the claimant’s initial application, but is always subject to the claimant’s documents being in order and the security bond being lodged by the Court. Arrest can be made upon request on a public holiday or during non-working hours. It is worth noting that you can only arrest the vessel once she enters the port or before the Master receives port clearance to leave. It is not possible to arrest the vessel when she is outside of the port in Taiwanese territorial waters.

A party wishing to release the vessel lodges the amount of the claim plus arrest fees with the Court.

For a detailed review of procedures relating to arrest of vessels in Taiwan, please see the attached article by Roger KC Wang of Sotonors Attorneys-at-law. The article also contains a detailed review of preservation of evidence and maritime claims under the Taiwanese Civil Procedural Law.

Nicola Mason
Vice President and Deputy Head of Hong Kong Syndicate
Skuld Defence Services, Hong Kong