Vessel Arrest, Release, Security & Enforcement Before the Egyptian Courts
Ship Arrest, Release & Enforcement in Egypt
Soliman Advocates represents shipowners, P&I Clubs, ship managers, charterers, banks, mortgagees, bunker suppliers, maritime service providers and other maritime creditors in urgent ship arrest, release and enforcement proceedings throughout Egypt. With more than three decades of maritime practice and a longstanding presence in Suez, the firm combines knowledge of Egyptian maritime law with practical experience before the Egyptian Economic Courts and in matters involving ports, shipping agents and maritime authorities.
Ship Arrest in Egypt
Ship arrest is one of the most effective means of securing maritime claims against vessels calling at Egyptian ports or operating within Egyptian jurisdiction.
Soliman Advocates acts for maritime creditors seeking precautionary arrest and for shipowners and other interests seeking the urgent release of arrested vessels.
Our work includes assessing whether a claim supports arrest under Egyptian law, preparing and filing urgent applications, identifying the vessel and relevant ownership interests, coordinating implementation of arrest orders and dealing with subsequent proceedings concerning the validity, continuation or lifting of the arrest.
Arrest Where the Merits Are Subject to Foreign Jurisdiction or Arbitration
The fact that the underlying dispute is subject to foreign jurisdiction or arbitration does not necessarily prevent protective measures from being sought against a vessel in Egypt.
Egyptian courts may order precautionary measures within their jurisdiction even where they are not competent to determine the merits of the underlying dispute, subject to the applicable legal requirements.
This can be particularly important where a vessel calling at an Egyptian port represents the creditor's practical opportunity to obtain security while the substantive dispute is determined elsewhere.
Vessel Release and Security
Where a vessel has been arrested, speed is critical.
Soliman Advocates acts in applications and negotiations for the release of vessels and reviews the nature, amount and wording of proposed security before release arrangements are concluded.
In Egyptian court practice, bank guarantees are the security ordinarily relied upon for the release of an arrested vessel. P&I Club Letters of Undertaking should not be assumed to constitute acceptable security before the Egyptian courts.
The terms, amount, issuing bank and legal effect of any proposed guarantee should therefore be carefully reviewed before steps are taken to secure release.
Security from the Arresting Creditor
Under Egyptian law, an arrest order may be issued with or without security being required from the arresting creditor.
Whether security is required remains a matter for the competent judge in the circumstances of the application. In practice, however, ship arrest orders are commonly issued without requiring counter-security from the arresting creditor.
Enforcement, Mortgages and Judicial Sale
Our practice extends beyond precautionary arrest to enforcement against vessels, including matters involving judgments, secured claims, ship mortgages and judicial sale proceedings.
The firm advises banks, mortgagees and other secured creditors on protecting and enforcing their interests where a vessel is present in Egypt, including the interaction between priority, arrest, enforcement and judicial sale.
Wrongful and Abusive Arrest
Soliman Advocates also acts for shipowners and other interests challenging arrests where the underlying claim, supporting documents, ownership position or legal basis for attachment is disputed.
Our experience includes proceedings involving challenges to enforcement against vessels acquired by new owners and matters in which the authenticity and factual basis of documents relied upon to obtain arrest were contested.
Practical Maritime Experience
Our ship arrest practice is not limited to advising on the law.
Soliman Advocates has handled arrest, release and enforcement proceedings involving vessels in Egyptian ports for more than three decades, dealing with the practical interaction between court orders, port operations, shipping agents, security arrangements and the commercial urgency of keeping vessels trading.
This experience enables the firm to act on either side of an urgent maritime dispute: securing a creditor's claim against a vessel or protecting a vessel and its interests against arrest and enforcement.