A Maritime Lien is one of the oldest and most significant institutions in maritime law, representing a special type of privileged claim against a vessel. Unlike a standard mortgage or pledge, a maritime lien arises automatically by operation of law upon the occurrence of specific circumstances (e.g., non-payment of crew wages or ship collision) and does not require registration. Georgia, as a maritime nation with Black Sea ports (Poti, Batumi, Kulevi), is frequently a venue for enforcing maritime claims against foreign or local vessels. A maritime lien grants the creditor the right to demand the arrest of the ship and to be satisfied with priority from the proceeds of its sale.
The Legal.ge platform provides access to lawyers with narrow specialization in maritime law who can assist in resolving complex disputes related to maritime liens. Services include:
- Identification of Maritime Claims: Analyzing whether your claim constitutes a privileged maritime lien under legislation.
- Ship Arrest: Filing a motion in court to detain the vessel in port to secure the claim.
- Protection of Crew Rights: Recovering wage arrears for seafarers from the shipowner by exercising lien rights.
- Determination of Ranking of Claims: Establishing priorities among creditors (e.g., salvage reward vs. mortgage vs. port dues).
- Vessel Release: Developing defense strategies for shipowners and arranging for vessel release against a guarantee.
The need for maritime liens often arises in critical situations. For instance, Georgian seafarers employed on a foreign vessel may go unpaid for months; when the ship enters the port of Batumi, the crew has a unique opportunity to exercise their maritime lien right and arrest the ship until the debt is fully settled. Another scenario involves a ship causing damage to port infrastructure or colliding with another vessel; the injured party acquires a lien right for damage compensation. Additionally, bunker (fuel) suppliers often have to arrest ships to recover unpaid fuel costs.
In Georgia, this field is regulated by the "Maritime Code of Georgia," which is fully compliant with international maritime conventions. The Code clearly defines claims secured by maritime liens (e.g., crew wages, port dues, personal injury, salvage rewards) and grants them priority over ship mortgages and other obligations. Ship arrest procedures are also governed by principles of international conventions on the arrest of ships, which are observed in Georgian judicial practice. It is important to know that a maritime lien travels with the ship, regardless of a change in ownership (for a certain period).
The process requires immediate action, as a ship may only stay in port for a short time. The lawyer urgently prepares a lawsuit and a motion for ship arrest. Upon obtaining a court order, the Enforcement Bureau and Maritime Police block the vessel. Negotiations then commence with the shipowner or their insurance company (P&I Club). If the debt remains unpaid, procedures for selling the ship at auction may be initiated.
Legal.ge is an indispensable resource for creditors, seafarers, and maritime businesses to quickly find a competent lawyer. Maritime law is a niche field, and a general practice lawyer may fail to react effectively before the ship departs. Specialists on our platform have experience in Poti and Batumi courts and know how to protect your interests in the dynamic maritime environment.
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