Does the Egyptian Judge Have Discretion to Grant or Refuse a Vessel Arrest Order Without Giving Reasons?
Prepared by the Maritime & Admiralty Team at Soliman Advocates
This article has been prepared by the firm's maritime lawyers as part of Soliman Advocates' Maritime Legal Insights series, drawing on the team's experience in Egyptian maritime law and shipping disputes.
A claimant may ask: If the underlying claim is strong and supported by substantial documentation, is the judge required to grant the vessel arrest? Must the judge give reasons for granting or refusing the application?
Vessel arrest orders in Egypt are issued as orders on petition, and the judge has discretion to consider the arrest application and either grant or refuse it.
As a general rule in this context, the judge is not required to provide reasons for the order, whether the application is granted or refused.
An exception arises where a subsequent order departs from a previous order. If the judge has previously refused an arrest application and subsequently grants it, the reasons for departing from the previous order must be stated.
Accordingly, strong documentation does not necessarily make the granting of a vessel arrest automatic or mandatory. The application remains subject to the judge’s assessment of the facts and documents presented.
This makes the proper preparation, drafting and presentation of the arrest application particularly important in practice.
Prepared by: Ship Arrest & Vessel Release Department – Soliman Advocates
Legal Disclaimer
This article provides a general overview and does not constitute legal advice. Ship arrest procedures, requirements, defenses, and consequences depend on Egyptian maritime law, specific facts, supporting evidence, court procedures, and timing. Urgent legal advice should be obtained before arresting a vessel or defending against arrest proceedings.
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