Forced Sale of Ship in Spain. Online Public Auctions
With the new changes of the Spanish CPA/2000 entered into force, now a Forced Sale and the Public Auction are faster than in the past (online system).
As we previously exposed, in Spain, in general, the Forced Sale of the vessel requires of a prior ordinary declaratory process (as it is explained in the Judicial Proceeding page).
However, it is importat to know that the Article 1.2 ICAS/1999 establish a definition of “Arrest“. It means any detention or restriction on removal of a ship by order of a Court to secure a maritime claim, but does not include the seizure of a ship in execution or satisfaction of a judgment or other enforceable instrument. Ship Arrest in Spain is preventive (prior ordinary process), not executive.
The effects of the forced sales, concerning a maritime lien, are stated in Article 12 ICMLM/1993.
And remember. According with art. 13.1.º ICMLM/1993 (Scope of application): ‘Unless otherwise provided in this Convention, its provisions shall apply to all seagoing vessels registered in a State Party or in a State which is not a State Party, provided that the latter’s vessels are subject to the jurisdiction of the State Party’.
Forced Sale of Ship in Gibraltar
We are able to assist you in Gibraltar and other territories abroad. The Forced Sale of the Ship is quite fast and with other Laws. We have experted partner Law Firms in many neighbor countries.
We know that in most cases Spain is the best Jurisdiction to arrest the vessel. For shipowners and owners who have deposited the claimed ammount at the Court and have released their ships, sometimes is adviseble to proceed with an agreed new arrest and a forced sale.
Finally, the Supreme Court of Gibraltar, Admiralty Jurisdiction, can resolve a Forced Sale of Ship proceeding in a record time. Thus, this judicial proceeding (Common Law System) finalize with the Bill of Sale of the Ship by the Admiralty Marshal.