TRW & Co · Shipping, Port & Admiralty
Ship Arrest Lawyer in Chittagong (Chattogram)
A ship arrest lawyer in Chittagong obtains court orders detaining vessels at Chattogram port until their owners provide security for a maritime claim, and acts for owners and P&I clubs seeking release. Arrest is ordered by the High Court Division under the Admiralty Court Act 2000. It is fast and powerful, but turns on ownership, limitation and the type of claim.
Key pointOwnership timing decides many arrests: a maritime lien survives a sale, but an ordinary maritime claim generally cannot be enforced by arrest if the ship changed hands before the suit was filed.
At a glance
High Court orders arrest
The High Court Division issues arrest warrants in actions in rem under section 4(4) of the Admiralty Court Act 2000 and the Admiralty Rules 1912.
No arrest convention
Bangladesh is not party to the 1999 Arrest Convention, as the High Court noted in MT Gala; arrest rests on domestic law and English admiralty principles.
Bank guarantees for release
Release is usually secured by a bank guarantee; practice has traditionally favoured guarantees over P&I club letters of undertaking.
Evangelismos test applies
In 2025 the High Court Division applied the Evangelismos test: wrongful arrest damages need bad faith or gross negligence, not just a failed claim.
Limitation still bites
Arrest does not save a late claim; a 2025 collision suit was rejected as time-barred under a two-year limitation period.
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What ship arrest means in Chattogram
A ship arrest lawyer in Chittagong helps a claimant detain a vessel by court order until her owner provides security for a maritime claim, or helps an owner get an arrested vessel released. Arrest is the most powerful tool in Bangladeshi maritime law. It turns a claim against a distant single-ship company into a claim backed by an asset sitting at the outer anchorage or alongside a berth.
In Chattogram, arrest is used by cargo interests chasing short delivery or damage, bunker and stores suppliers, ship repairers, crew owed wages, mortgagee banks, charterers and, occasionally, importers caught in documentary disputes. It is also used tactically: a vessel loaded with export containers cannot sail, and the cost of every idle day falls on the owner and its customers.
This page explains how arrest works, what claims qualify, how release is obtained and what owners can do in response. For the wider picture, see our shipping practice and admiralty practice pages, and our step-by-step guide to ship arrest procedure in Bangladesh.
The legal basis for ship arrest in Bangladesh
Admiralty Court Act 2000 and the Admiralty Rules 1912
Ship arrest rests on the Admiralty Court Act 2000, which confers admiralty jurisdiction on the High Court Division of the Supreme Court of Bangladesh. Section 3 lists the maritime claims the court can hear, grouped broadly into proprietary claims, damage claims, service claims such as salvage, towage, pilotage and necessaries, employment claims for crew wages, and others including mortgages and charterparty claims. The court's jurisdiction extends to ships whether Bangladeshi or foreign and wherever their owners reside.
The power to issue a warrant of arrest in an action in rem comes from section 4(4) of the Act read with rules 4 and 5 of the Admiralty Rules 1912, as the High Court Division confirmed in a 2025 ruling in the MT Gala admiralty suit. Section 6 requires the suit to be instituted by a plaint drawn and verified under the Code of Civil Procedure 1908.
Maritime liens and maritime claims
Bangladeshi law distinguishes maritime liens from ordinary maritime claims. Liens for seamen's and masters' wages are recognised by the Merchant Shipping Ordinance 1983, and the courts follow English law on other liens such as salvage and collision damage. A lien travels with the ship, so she can be arrested even after a sale. An ordinary maritime claim, such as for necessaries, generally cannot be enforced by arrest if ownership changed before the suit was filed. Our article on maritime liens and claims explains the distinction in detail.
No arrest convention
Bangladesh is not a party to the 1999 International Convention on Arrest of Ships, as the High Court Division noted in the MT Gala order. Arrest therefore depends on the domestic Act, the 1912 Rules and the court's practice, which draws heavily on English admiralty principles. A ship arrest lawyer in Chittagong advising a foreign claimant must explain these differences from arrest practice in Singapore, the UAE or Europe.
Who arrests ships at Chattogram, and why
The claimant's identity shapes the strategy. A ship arrest lawyer in Chittagong will approach a crew wage claim very differently from a multimillion-dollar cargo claim.
| Claimant | Nature of claim | Survives change of owner? | Practical note |
|---|---|---|---|
| Crew and master | Unpaid wages | Yes, as a maritime lien | Often urgent; welfare and repatriation issues arise alongside |
| Salvors | Salvage reward | Yes, following English law on liens | Value of ship and cargo saved drives the claim |
| Collision claimants | Damage caused by the ship | Yes, following English law on liens | Short limitation; the High Court Division has applied a two-year bar |
| Cargo interests | Shortage, damage, misdelivery | Generally no | Hague Rules one-year time bar applies to the underlying claim |
| Bunker and stores suppliers | Necessaries | Generally no | Check who contracted: owner or charterer |
| Mortgagee banks | Default under ship mortgage | Yes, as a registered security | May lead to judicial sale |
Beyond the table, consignees sometimes arrest a carrying vessel over disputes that arise from the trade itself. In one widely reported Chattogram case, a container ship loaded with export cargo was held for eleven days over an importer's claim concerning a few containers of scrap, and was released only after her owner lodged a bank guarantee matching the LC value claimed.
Arrest is quick to obtain and expensive to suffer. That asymmetry is why most arrests end in a negotiated security package within days.
The arrest procedure step by step
- Confirm the claim and the ship. We verify that the claim falls within section 3, identify the vessel by IMO number, confirm registered and beneficial ownership at the relevant date, and check her position and schedule at Chattogram.
- Prepare the plaint and evidence. We draft the admiralty plaint with supporting documents, verified as the Code of Civil Procedure requires, and an application for a warrant of arrest. Foreign documents should be authenticated; translations may be needed.
- File and move the application. The suit is filed in the High Court Division in Dhaka and the application is moved before the admiralty bench. If the court is prima facie satisfied, it orders arrest to secure the claim.
- Communicate the order to Chattogram. The arrest order is served and communicated to the port and the relevant authorities so that the ship cannot obtain clearance to sail. Coordination between our Dhaka and Chattogram teams is critical at this stage.
- Negotiate security. The owner or its P&I club usually opens talks at once. Security is typically by bank guarantee in the amount fixed by the court.
- Release. Once acceptable security is lodged, the court orders release and the ship sails. The claim continues against the security.
- Merits or sale. The suit proceeds to trial, settlement or arbitration. If no security is provided, the court may order the ship's sale and distribute the proceeds by priority.
Bangladeshi practice has traditionally favoured bank guarantees over P&I club letters of undertaking as release security. Owners and clubs should line up a Bangladeshi bank guarantee, or a counter-guaranteed one, as soon as an arrest is threatened, because each day of delay at Chattogram costs far more than the guarantee fee.
Release, security and wrongful arrest
How much security?
The court fixes the amount by reference to the claim as pleaded, usually with an allowance for interest and costs, and an owner can argue for a lower figure where the claim is inflated or the ship is worth less than the claim. In the MT Gala suit, a claim of about USD 53.5 million for non-delivery of crude oil, the court released the tanker in 2022 on a bank guarantee of USD 10 million and, as a condition of release, ordered the claimant to furnish a counter-guarantee covering interest on that sum.
Counter-security
Bangladeshi courts do not routinely require a claimant to provide counter-security as a condition of arrest, although they can impose conditions. That makes arrest comparatively accessible for genuine claimants, and it places more weight on the remedy for wrongful arrest.
Wrongful arrest
An owner who believes the arrest was unjustified can counterclaim for damages. In March 2025 the High Court Division applied the English test from The Evangelismos: an owner must show the arrest was made with mala fides or crassa negligentia, not merely that the claim failed. The court rejected the owner's application for security against its counterclaim, finding no bad faith and no material non-disclosure. A ship arrest lawyer in Chittagong acting for a claimant must still give full and frank disclosure when seeking the warrant.
Arrest at Chattogram in practice
The physical setting matters. Many bulk carriers bound for Chattogram never come alongside: they discharge at the outer anchorage into lighter vessels, then sail. Container ships turn around at the port's berths and terminals within days. A ship arrest lawyer in Chittagong therefore watches arrival notices and agency information closely, because the window between a vessel's arrival and her departure can be very short.
Whether cargo work can continue while a ship is under arrest depends on the court's directions and the arrangements the parties make, which matters both for the cargo owners and for the shipowner's other customers. What she cannot do is obtain clearance to leave. Every day under arrest adds port dues, crew wages, provisions, bunkers for the generators and agency fees, and the export containers on board may miss their onward connections at transhipment hubs such as Colombo or Singapore.
Those costs drive behaviour. Most arrested owners move quickly to agree security, often within days. Where an owner is insolvent or the ship is old and worth little, the dynamic is different: crew may be left unpaid, and the claimants may end up competing for the proceeds of a judicial sale, sometimes to buyers from the Sitakunda ship recycling yards.
Crew welfare under arrest
An arrested ship still has a crew who need food, water, medical care and, eventually, repatriation. Where the owner stops paying, crew members may themselves file claims for wages, which rank as maritime liens. A ship arrest lawyer in Chittagong acting for any party should raise crew welfare with the court and the port early. It is both a humanitarian issue and a practical one, because an unmanned or unsafe ship at anchor creates risks for everyone with an interest in her.
Alternatives to arrest
Arrest is not always the right tool. If the owner and its club are solvent and responsive, a negotiated security agreement, by bank guarantee or club letter accepted by agreement, avoids the cost and friction of a court application. Where the debtor has other assets in Bangladesh, attachment before judgment or an injunction in a civil suit may be enough. And where the dispute will be arbitrated abroad, interim measures under the Arbitration Act 2001 can sometimes achieve the same aim. We compare these options with the client before filing.
Documents a ship arrest lawyer in Chittagong needs
- Proof of the claim: contract, bill of lading, charterparty, supply orders, invoices, crew agreements or mortgage deed.
- Proof of loss: survey reports, outturn and tally records, statements of account and correspondence acknowledging the debt.
- Ship identification: IMO number, current name and former names, flag, registered owner, manager and P&I club.
- Ownership history: registry extracts or equivalent showing ownership at the time the claim arose and at the date of filing.
- Position evidence: agency information on arrival, berth or anchorage and expected sailing time.
- Authority: a power of attorney or board resolution authorising suit, notarised and attested if signed abroad.
Risks and common mistakes
Arresting the wrong ship
Ships change names, flags and owners frequently, and single-ship companies are the norm. An arrest of a vessel that the debtor never owned, or that was sold before the suit was filed in a case without a lien, can fail and expose the claimant to a wrongful arrest counterclaim. Check ownership at both relevant dates, and do not rely on the name painted on the hull or the agent's description.
Charterer's debts and the owner's ship
Bunker suppliers and port service providers often contract with a time charterer, not the owner. Whether the owner's ship can be arrested for a charterer's debt depends on the nature of the claim and whether a lien arises. This is one of the most contested areas in any jurisdiction. Review the supply contract terms, the charterparty prohibition-of-liens clause and the ownership position before filing.
Missing limitation
Arrest does not cure a time-barred claim. In a collision suit decided in November 2025, the High Court Division rejected the plaint because it had been presented after the two-year limitation period. Cargo claims face the Hague Rules one-year bar. Calculate limitation before investing in an arrest, and file in time even if negotiations are under way.
Ignoring an arbitration clause
Arrest can be used to obtain security for a claim that will ultimately be decided in London or Singapore arbitration. Bangladeshi courts have also held that they can grant interim measures in support of foreign-seated arbitrations under the Arbitration Act 2001. But the plaint must be framed carefully so that the arrest supports, rather than contradicts, the agreed forum. Our charterparty practice and guide to charterparty arbitration explain the interplay.
For owners: delaying the response
Owners sometimes assume an arrest will be lifted quickly once they explain the claim is weak. It usually will not. The fastest route out is to agree security, then fight the merits or counterclaim for wrongful arrest. Instruct a ship arrest lawyer in Chittagong and Dhaka immediately, involve the club, and start arranging a bank guarantee in parallel with any challenge. Our guide to releasing an arrested ship sets out the options.
Foreign claimants, owners and clubs
Most arrests at Chattogram involve a foreign owner and a foreign club, and often a foreign claimant as well. A ship arrest lawyer in Chittagong must be reachable across time zones and able to work with English, Singaporean, Greek, Chinese and Gulf counsel.
TRW & Co's offices in Dhaka, Singapore, Dubai and London mean that a claimant can instruct us in its own time zone, and an owner can coordinate its response with the club and its home lawyers while our Bangladesh advocates appear before the admiralty bench. We also advise on enforcing foreign judgments and arbitration awards against the security once it is in place; see our award enforcement page.
Foreign claimants should prepare their paperwork early. The power of attorney or board resolution authorising the suit, and key documents such as the charterparty or supply contract, will usually need to be notarised and attested at a Bangladesh mission abroad before they can be relied on. Attestation can take days, which a ship's schedule may not allow, so start it as soon as an arrest is in prospect. Documents in Chinese, Greek or other languages need certified English translations. We give clients a checklist on day one so that an arrest opportunity is not lost to formalities.
Remitting the proceeds of a settlement or judicial sale abroad requires compliance with Bangladesh Bank foreign exchange rules, which we handle with the paying bank.
How TRW & Co helps with ship arrest
Urgent arrest for claimants
We verify the claim and the ship, prepare the plaint and arrest application, and move the admiralty bench, coordinating service and port communication from Chattogram.
Release for owners and clubs
We negotiate the amount and form of security, arrange the bank guarantee process, and obtain release orders so the vessel can sail with minimum delay.
Wrongful arrest and set-aside
We assess grounds to set aside an arrest, challenge excessive security and pursue counterclaims for wrongful arrest where the facts support them.
Judicial sale and priorities
Where no security is given, we act on applications for sale, valuation and the distribution of proceeds among competing lien holders and claimants.
We work with our cargo claims, seafarer claims and marine insurance teams. We do not promise outcomes, and we will tell you if an arrest is unlikely to succeed or not worth the cost.
Checklist before arresting, or responding to an arrest
- Is the claim within section 3 of the Admiralty Court Act 2000?
- Is it a maritime lien, or an ordinary claim that depends on ownership at filing?
- Who owned the ship when the claim arose and who owns her now?
- Is the claim within limitation, including the Hague Rules one-year bar or the collision bar?
- Is there an arbitration or jurisdiction clause, and how will arrest fit with it?
- Where is the ship and when will she sail?
- For owners: who will issue the bank guarantee, and how quickly?
- Has full and frank disclosure been made to the court?
- How will recovered funds be remitted abroad?
Time matters. Contact our Chattogram office at info@trw.co or +880 1779 127165. For other matters, browse all our practices or the Chattogram office hub.
Frequently asked questions
01How quickly can a ship be arrested at Chattogram?
Once the documents are ready, the suit and arrest application can be filed and moved before the admiralty bench of the High Court Division promptly, and the order is then communicated to Chattogram so the ship cannot sail. The real constraint is preparation: verifying ownership, assembling proof of the claim and authorising the suit. Claimants who expect to need an arrest should prepare in advance of the ship's arrival rather than when she is about to leave.
02Where is the ship arrest application filed?
Admiralty jurisdiction is exercised by the High Court Division of the Supreme Court in Dhaka, even when the ship is at Chattogram. The plaint and arrest application are filed and moved in Dhaka, and the order is then served and communicated to the port and other authorities in Chattogram. A ship arrest lawyer in Chittagong working with a Dhaka admiralty team can handle both ends at once.
03Will a P&I club letter of undertaking secure release?
Bangladeshi practice has traditionally required a bank guarantee as release security, and club letters of undertaking have generally not been accepted on their own. Clubs commonly arrange for a Bangladeshi bank to issue a guarantee, sometimes backed by a counter-guarantee. Parties can agree other forms of security between themselves, and the claimant may then consent to release. Owners should start arranging a guarantee as soon as an arrest is threatened.
04Do I need to give counter-security to arrest a ship?
Bangladeshi courts do not routinely require counter-security as a condition of arrest, although they can impose conditions. That makes arrest more accessible than in some jurisdictions. Claimants must still make full and frank disclosure to the court, and an owner can counterclaim for wrongful arrest if it can show bad faith or gross negligence under the Evangelismos test that the High Court Division applied in 2025.
05Can I arrest a ship that has been sold since my claim arose?
It depends on the claim. Maritime liens, such as crew wages, salvage and collision damage, attach to the ship and survive a change of ownership. Ordinary maritime claims, such as for necessaries or cargo damage, generally cannot be enforced by arrest if ownership changed before the suit was filed. Checking registry records for both the date the claim arose and the date of filing is essential.
06What happens if the owner does not provide security?
The ship stays under arrest while the suit proceeds. If the owner abandons her or fails to secure release, the claimant can apply for an order for sale. The court arranges valuation and sale, and the proceeds are distributed among claimants in order of priority, with costs of arrest and sale and maritime liens ranking ahead of ordinary claims. Judicial sales of abandoned vessels are often linked to Chattogram's ship recycling market.
07Can I arrest a ship to secure a London arbitration claim?
Arrest can be used to obtain security for a claim that will be decided by arbitration abroad, and Bangladeshi courts have held they can grant interim measures in support of foreign-seated arbitrations under the Arbitration Act 2001. The plaint must be framed carefully so that it supports the agreed forum. Once the award is made, it can be enforced against the security in Bangladesh under section 45 of the Act.
Sources and official materials
- Supreme Court of Bangladesh — High Court Division admiralty jurisdiction
- Admiralty Suit No. 08 of 2022 (MT Gala), order of 11 March 2025 — Arrest power, release on guarantee, Evangelismos test
- Admiralty Suit No. 24 of 2021, judgment of 27 November 2025 — Collision claim rejected as time-barred
- Bangladesh Bank — Foreign exchange rules for remitting recoveries
- Chittagong Port Authority — Port authority for vessels at Chattogram
- Ministry of Shipping — Shipping regulation and the Department of Shipping
General information only, current as at 27 October 2026. It is not legal advice and does not create an advocate–client relationship. It reflects the law of Bangladesh unless stated otherwise, and the law, court practice and official fees change frequently. Check current official sources and take advice on the facts of your matter.
