Abaco Ltd and Law Office Milošević Contributed to Issue 37 of The Arrest News
We are pleased to announce that Abaco Ltd and Law Office Milošević have been recognized by Shiparrested.com for the effort in securing a non-monetary claim before the Commercial Court of Montenegro. The Arrest News gave some intricacies about the case whereby applicants were represented by Law Office Milošević and Abaco Ltd, both having extensive expertise in maritime law.
The Commercial Court of Montenegro has passed the decision whereby it accepted the ship arrest application for securing the non-monetary claim. The case revolved around property title and actual possession of a 42m long yacht. The Court prohibited alienation and disposal of the yacht while the arrest was in place since it found that the potential risk would exist without a certain provisional measure (ship arrest), as proved by the applicants.
The ratio decidendi behind such a measure lies in the possibility that the opponents could frustrate or significantly impede the subsequent realization of the applicants’ claim by attempting to sell or dispose of the yacht, concealing it, removing it, or otherwise. Therefore, the complaint by the opponents has been denied by the Court of the Second instance following the reasoning of the First Instance Court in these proceedings.
The claims for which the Court may decide to allow ship arrest are aligned with the ones prescribed by Article 1 of the Brussels 1952 International Convention Relating to the Arrest of Sea-Going Ships, considering that Montenegro is a party to such Convention. However, Montenegro has also made a reservation to the Convention according to Article 1, paragraph (1)(o) of the Convention for disputes concerning the title to or ownership of a ship. Specifically for this particular case, the Court had to apply domestic law, i.e. the Law on Maritime and Inland Navigation and the Law on Enforcement and Security, which led to the application of subsidiary rules relating to securing non-monetary claims.
You can read the full article at the following website:
https://shiparrested.com/wp-content/uploads/2022/07/TheArrestNews37.pdf