ABSTRACT
Article 4 A ship may only be arrested under the authority of a court or of the appropriate judicial authority of the Contracting State in which the arrest is made.
1. INTRODUCTION
13.01 Two rules are laid down in article 4: (a) the first is that the arrest must be authorised by a judicial authority; (b) the second is that such judicial authority must be a judicial authority of the Contracting State in which the arrest is made.1 The following issues are also worthy of consideration: (c) jurisdiction before the arrival of the ship; (d) arrest pursuant to an order of a foreign court; (e) choice of the judicial authority of the State in the jurisdiction of which the arrest is made; (f) jurisdiction for arrest when the court has not jurisdiction on the merits; (g) jurisdiction for arrest when the court has jurisdiction on the merits but the ship is not within its jurisdiction; (h) jurisdiction for arrest when a decision on the merits has already been obtained; (i) lis pendens and related actions.
