Introduction
Admiralty law in Bangladesh isn’t just about ships and sea; it’s about how courts deal with maritime disputes in a highly specialized legal environment. While the legal framework borrows from English common law traditions, admiralty practice in Bangladesh is driven by procedural know-how and strategic litigation in the High Court Division of the Supreme Court.
For practitioners, admiralty law means mastering a niche, but powerful jurisdiction. It’s also one of the few areas in civil law where courts routinely exercise in rem jurisdiction, seize ships, and enforce claims with real teeth.
Jurisdiction and Legal Framework
The High Court Division of the Supreme Court exercises original jurisdiction in admiralty matters under the Admiralty Court Act, 2000, which replaced the earlier 1861 Act. The 2000 Act consolidated and expanded jurisdiction over:
- Maritime claims (cargo damage, charterparty disputes, etc.)
- Ship mortgage and ownership disputes
- Collision and salvage
- Crew wages and personal injury
- Ship arrest and sale
Crucially, this jurisdiction is exercised by a single bench of the High Court, designated as the Admiralty Court. The Code of Civil Procedure, 1908 applies where the 2000 Act is silent.
How to Start a Suit
You begin with a plaint, as in any civil matter; but here, the court expects precision. You can’t file a vague suit and hope to amend later. If you want to arrest the vessel, your plaint must show:
- A valid maritime claim
- Jurisdiction of the court
- That the vessel is within territorial waters (or expected soon)
- The urgency for arrest
You attach relevant documents: bills of lading, charterparty, contracts, email—whatever supports your claim. Be ready with notarized POAs and vessel details. The more airtight your papers, the faster the court moves.
Ship Arrest: The Real Power Move
This is where admiralty practice gets serious. You file an interlocutory application for arrest with an affidavit. If the vessel is in port, timing is everything. Miss it, and you’re chasing a ship that’s halfway to Singapore.
If the affidavit sets out a prima facie claim, the court may issue an ex parte warrant of arrest, no notice to the other side. The warrant goes to the Marshal of the Court, who executes it with help from the port authorities.
A ship under arrest can’t sail. That gives your client real leverage, whether they’re chasing unpaid freight or enforcing a mortgage.
Security and Release
To release the arrested vessel, the defendant (often the owner or P&I Club) must provide adequate security usually in the form of:
- A bank guarantee
- A Club Letter of Undertaking (LOU) from an accepted insurer
Once the court is satisfied, it issues an order of release and the Marshal enforces it. The key here is proportionality that the security must match the value of the claim reasonably.
Written Statements and Trial Procedure
The defendant files a written statement as per Order VIII of the CPC, unless directed otherwise. In many admiralty suits, particularly those involving foreign owners, vicarious or substituted service is required, and delays are common.
The court typically moves through the following phases:
- Framing of Issues
- Examination of Witnesses (Affidavits + Cross)
- Final Argument
- Judgment and Decree
Many suits get resolved after ship release by settlement or arbitration so the court often doesn’t reach full trial unless the issue involves title, salvage, or collision.
Ship Sale and Distribution
If the owner fails to enter appearance or security, the court may proceed to sell the vessel by judicial auction, typically through the Marshal’s office. The sale proceeds are then distributed in accordance with maritime lien priorities, following international conventions and common law precedents.
Challenges and Practical Realities
- Delay in Execution: Marshal Service can be slow due to bureaucratic coordination with port authorities.
- Jurisdictional Objections: Foreign parties often challenge jurisdiction, especially in charterparty disputes with arbitration clauses.
- P&I Club Tactics: Skilled use of undertakings and forum challenges can frustrate arrest actions if not handled strategically.
- Language and documentation: Foreign contracts need careful presentation, translation, expert interpretation, and contextual briefing help a lot.
Conclusion
Admiralty law in Bangladesh is a robust and effective system but only in the hands of practitioners who understand both the letter of the Admiralty Court Act and the tactical rhythm of the court. For experienced lawyers, it offers a high-stakes, high-impact litigation space where every move counts and where timing, documentation, and procedural mastery make the difference.
© Bibhuti B Sarker, Advocate, Supreme Court of Bangladesh.