Maritime Liens and Arrests Under US Law | Blank Rome LLP - JDSupra - JD Supra

Maritime liens typically arise from torts, contracts or particular maritime services such as salvage or towage. In this article, the authors discuss categories of maritime liens, arrests and attachments and more.

What Is a Maritime Lien?

A maritime lien is a non-possessory right in a vessel that gives the lienholder a right to proceed in rem against the property. In the United States, maritime liens are based on the fiction of a “personified” vessel. Under this legal fiction, a vessel is considered to be a legal person separate and distinct from its owner or operator and can be held liable for torts and contractual obligations. A person claiming to hold a maritime lien against a vessel may file suit in rem against the vessel and have the court order the arrest of the vessel to secure their claim.

Originally published in the February–March 2022 edition of Pratt's Journal of Bankruptcy Law.

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