A Comparative Analysis of the Arrest of Ship Procedures in Nigeria and Korea: The Need for a Paradigm Change
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Nigeria and Korea largely represent cargo and shipowners’ interests, respectively. Hence, the regime of the arrest of a ship is germane in their respective maritime industries. Though both countries have not domesticated either of the ship arrest conventions, their existing admiralty or civil procedure laws and rules of court have always been triggered where matters require arresting vessels. This research comparatively analyses the arrest of ship procedures in Nigeria and Korea with a view to recommending measures to introduce effective and liberal arrest procedures in both countries. The paper argues that whereas Korea should include a bareboat charter in its arrest regime, Nigeria needs an efficient civil justice system to enhance its ship arrest framework. It is further suggested that both jurisdictions should consider introducing associated ship arrest, accept the Protection and Indemnity Club letter of undertaking as a guarantee for the release of the arrested ships, and introduce balanced wrongful arrest models in their jurisdictions. Consequently, this paper submits that though it is expedient for both countries to domesticate one of the ship arrest conventions, the focus should be on amending the local legislation and rules of court to introduce liberal arrest of ship procedures in both jurisdictions.
Abstract
Nigeria and Korea largely represent cargo and shipowners’ interests, respectively. Hence, the regime of the arrest of a ship is germane in their respective maritime industries. Though both countries have not domesticated either of the ship arrest conventions, their existing admiralty or civil procedure laws and rules of court have always been triggered where matters require arresting vessels. This research comparatively analyses the arrest of ship procedures in Nigeria and Korea with a view to recommending measures to introduce effective and liberal arrest procedures in both countries. The paper argues that whereas Korea should include a bareboat charter in its arrest regime, Nigeria needs an efficient civil justice system to enhance its ship arrest framework. It is further suggested that both jurisdictions should consider introducing associated ship arrest, accept the Protection and Indemnity Club letter of undertaking as a guarantee for the release of the arrested ships, and introduce balanced wrongful arrest models in their jurisdictions. Consequently, this paper submits that though it is expedient for both countries to domesticate one of the ship arrest conventions, the focus should be on amending the local legislation and rules of court to introduce liberal arrest of ship procedures in both jurisdictions.
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