What is Arrest”?
Ans : As per Ballentine’s Law Dictionary 1948 Ed.P.105, arrest means the taking, seizing, or detaining of the person of another, either by touching, or putting hands on him, or by any act which indicates an intention to take him into custody, and subjects the person arrested to the actual control and will of the person making the arrest.
The arrest of property, such as a vessel and its equipment or cargo, is a legal mechanism that prohibits anyone from moving the property, typically in order that the property can serve as security for a claim. The need for arrest comes from the fact that vessels are highly movable objects that can travel with relative ease from country to country, and in and out of the jurisdiction of their courts. When a claim involving a vessel is brought in one court, the ability of a successful litigant to obtain their reward often depends on whether there is a valuable asset within legal reach of the court that can be sold to pay the claimant. Arrest ensures that the vessel, or bail in place of the vessel, remains within reach of the claimant while their dispute is resolved by the court. Freezing the vessel in place is a key benefit to arrest. A vessel when arrested cannot, for example, leave the dock that it was arrested at without permission of all the parties to the dispute, or permission of th
