chapter  3
100 Pages

THE MARITIME CLAIMS

Article 1 In this Convention the following words shall have the meanings hereby assigned to them:

1. ‘‘Maritime Claim’’ means a claim arising out of one or more of the following:

(i) Analysis of the chapeau 3.01 As appears from the history of the Convention, there have been conflicting views among the CMI national associations regarding the type of claim in respect of which a ship may be arrested.1 The view of the associations of the civil law countries was that arrest should be permissible in respect of any claim; the view of the associations of the common law countries and particularly of the British Association was that arrest, as in England, should be permitted only in respect of specific claims of a maritime nature.2 As already indicated, the former view first prevailed but then the second was accepted to such an extent that in the draft approved at Paris in 1937 reference was made only to arrest in respect of claims arising out of a collision. At the Amsterdam Conference of 1949 the suggestion was made to reach a compromise by adopting the English approach whereby arrest is only permitted in respect of claims of a maritime nature and by permitting the arrest not only of the ship in respect of which the claim arose, but also of any other ship in the same ownership.3 Once the principle that arrest should be permissible only in respect of claims of a maritime nature had been agreed, it would have been logical that the concept of ‘‘maritime claim’’ be discussed and clarified and that a thorough analysis be made of all claims which were deemed to fall under this general description. However, almost no discussion took place and the list of claims submitted to the Naples Conference of 1951, inspired by the list of questions and claims in respect of which the English High Court was granted admiralty jurisdiction by section 22 of the Supreme Court of Judicature (Consolidation) Act 1925,4 was adopted practically without any change, not even the

1. For a summary of such views see Ripert, ‘‘Les Conventions de Bruxelles du 10 Mai 1952 sur l’Unification du Droit Maritime’’, (1952) DMF 343, at p. 354.