Ship arrest in the Netherlands

The Netherlands is a jurisdiction in which it is easy to arrest ships. In the paper that can be downloaded by clicking open this page and then clicking here we discuss the arrest procedure in the Netherlands and some typical issues that can arise in the event of a ship arrest. Issues that are discussed are: Injunction proceedings to obtain the release of the vessel with or without security, acceptable types of security to have an arrest lifted, the question whether or not counter security should be put up, liability for wrongful arrest, the effect of a mortgage on the vessel in relation to the right to arrest that vessel to obtain security etc. The wordings of the standard guarantee forms, the Rotterdam Guarantee Form 2008 and the NVB form are contained in the paper. The paper also contains a translation of some relevant Dutch statutory law relating to ship arrest. The original paper was written in January 2008 and the case law is up to date until then. The paper was updated in January 2013 to describe certain fundamental changes in the policy of the Dutch courts with regard to ship arrest and to include the text of the Rotterdam Guarantee Form 2008. As soon as we have an opportunity to do so, we will update the paper with the case law of the last five years.