Overview
Introduction Ship arrest has long occupied a central position in admiralty law as a powerful mechanism for securing maritime claims. In Nigeria, ship arrest is firmly recognised under the Admiralty Jurisdiction Act 1991,1 which regulates the arrest of vessels and the enforcement of maritime claims within the jurisdiction of the Federal High Court. The Admiralty Jurisdiction Act, by allowing a claimant to proceed in rem against a vessel, treats the ship itself as the defendant, thereby providing an effective tool for creditors in an inherently international industry.
However, the traditional system of ship arrest has always carried one practical difficulty, which is the effect of a judicial sale did not necessarily travel beyond the jurisdiction in which the sale was ordered as a vessel sold by order of court in one country could, in another country, still be exposed to arrest in respect of claims that arose before the sale.2 For a purchaser, this means that a supposedly clean acquisition could become the subject of fresh proceedings once the vessel enters a foreign port. The consequence of this is not merely procedural inconvenience as it affects the commercial value of distressed vessels, reduces confidence among prospective buyers, and introduces a level of uncertainty that also matters to ship financiers.
The entry into force of the United Nations Convention on the International Effects of Judicial Sales of Ships, also known as the Beijing Convention on the Judicial Sale of Ships, on 17 February 2026 is therefore significant as it seeks to address this gap by creating a harmonised framework for recognising judicial sales across borders and by giving greater certainty to purchasers, creditors, financiers, and courts involved in maritime enforcement. Request the full insight below.
