Jurisdiction of Courts (Maritime Conventions) Act, 1989
What is this act about?
This law gives legal force in the State to two international agreements from 1952 concerning maritime matters: one about arresting seagoing ships and another about civil jurisdiction in collision cases. It ensures that the rules set out in these agreements are applied by the courts in the State.
Who it applies to: Owners and operators of seagoing ships; Parties involved in maritime claims, including disputes over ship possession, mortgages, salvage, and collisions.
At a glance
- Country
- Ireland
- Area of law
- Procedural law
- Articles
- 18
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The arrest of seagoing ships.
- Civil jurisdiction in cases involving collisions between ships.
- The interpretation of specific terms and articles within the two international conventions.
- The recognition of other countries as "Contracting States" under these conventions.
Who does this act apply to?
- Owners and operators of seagoing ships.
- Parties involved in maritime claims, including disputes over ship possession, mortgages, salvage, and collisions.
What are the key points?
- The International Convention relating to the Arrest of Seagoing Ships (signed at Brussels on May 10, 1952) has the force of law in the State.
- The International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision (signed at Brussels on May 10, 1952) also has the force of law in the State.
- The High Court has jurisdiction to hear and decide maritime claims mentioned in Article 1 (1) of the Arrest Convention.
- The law does not change existing rules regarding the arrest of warships or ships owned by or in the service of a state.
Procedural law
Legal text
Legal text
Contents (18)
- Article 1 In this Convention the following words shall have the meanings hereby
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
- Article 12
- Article 13
- Article 14
- Article 15
- Article 16
- Article 17
- Article 18
Jurisdiction of Courts (Maritime Conventions) Act, 1989 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1989 Jurisdiction of Courts (Maritime Conventions) Act, 1989 Jurisdiction of Courts (Maritime Conventions) Act, 1989 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 5 of 1989 JURISDICTION OF COURTS (MARITIME CONVENTIONS) ACT, 1989 ARRANGEMENT OF SECTIONS
PART I
Brussels Convention on the Arrest of Seagoing Ships Section 1.
Interpretation of Part I.
2.
Interpretation of Convention.
3.
Contracting States.
4.
Convention to have the force of law.
5.
Jurisdiction of the High Court.
6.
Arrest of State Ships.
7.
Savings.
PART II
Brussels Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision 8.
Interpretation of Part II.
9.
Interpretation of Convention 10.
Contracting States.
11.
Convention to have the force of law.
12.
Jurisdiction.
PART III
Miscellaneous 13.
Interpretation generally.
14.
Repeals.
15.
Transitional.
16.
Short title and commencement.
FIRST SCHEDULE International Convention Relating to the Arrest of Seagoing Ships, Signed at Brussels, on May 10, 1952 SECOND SCHEDULE International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision, Signed at Brussels, on May 10, 1952 Acts Referred to Courts (Supplemental Provisions) Act, 1961 1961, No. 39 Mail Ships Act, 1891 1891, c. 31 Merchant Shipping Act, 1894 1894, c. 60 Number 5 of 1989 JURISDICTION OF COURTS (MARITIME CONVENTIONS) ACT, 1989 AN ACT TO GIVE THE FORCE OF LAW TO THE INTERNATIONAL CONVENTION RELATING TO THE ARREST OF SEAGOING SHIPS AND THE INTERNATIONAL CONVENTION ON CERTAIN RULES CONCERNING CIVIL JURISDICTION IN MATTERS OF COLLISION BOTH SIGNED AT BRUSSELS ON THE 10TH DAY OF MAY, 1952, AND TO PROVIDE FOR MATTERS CONSEQUENT UPON AND OTHERWISE RELATED TO THE MATTERS AFORESAID. [19th April, 1989] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I
Brussels Convention on the Arrest of Seagoing Ships Interpretation of
Part I
.
1.—In this Part— “Contracting State” means a state in respect of which the Convention is in force in accordance with the provisions of the Convention; “the Convention” means the International Convention relating to the arrest of seagoing ships signed at Brussels on the 10th day of May, 1952.
Interpretation of Convention.
2.—(1) The provisions of this section shall apply for the purpose of interpreting the Convention.
Contracting States.
3.—(1) The Minister for Foreign Affairs may by order declare— (a) that any state specified in the order is a Contracting State, or (b) that a reservation (the text of which shall be set out in the order) has been made pursuant to Article 10 of the Convention, or a declaration (the text of which shall be set out in the order) has been made pursuant to Article 18 of the Convention to the Belgian Ministry of Foreign Affairs.
Convention to have the force of law.
4.—(1) Subject to the provisions of this Part, the Convention shall have the force of law in the State and judicial notice shall be taken of it.
Jurisdiction of the High Court.
5.—(1) For the purposes of this Act and the Convention the High Court shall have jurisdiction to hear and determine in admiralty proceedings in rem any of the claims mentioned in Article 1 (1) of the Convention.
Arrest of State Ships.
6.—Notwithstanding Articles 2 and 3 of the Convention, nothing in the Convention shall modify the rules of law in force in the State at the commencement of this section in regard to the arrest of warships or ships owned by or in the service of a state.
Savings.
7.—(1) Nothing in this Part— (a) shall affect section 5 of the Mail Ships Act, 1891 (which protects mail ships from arrest in certain circumstances), or (b) shall be construed as limiting the jurisdiction of the court to refuse to entertain an action for the possession of a ship or for wages by the master or an officer or member of the crew of a ship that is not an Irish ship.
PART II
Brussels Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision Interpretation of
Part II
.
8.—In this Part— “Contracting State” means a state in respect of which the Convention is in force in accordance with the provisions of the Convention; “the Convention” means the International Convention on certain rules concerning civil jurisdiction in matters of collision signed at Brussels on the 10th day of May, 1952.
Interpretation of Convention.
9.—For the purpose of interpreting the Convention, unless the context otherwise requires— “inland waters” includes all sea areas which lie on the landward side of the baseline of the territorial seas of the State; “port” includes any harbour, dock, pier, quay, wharf, jetty, boat slip, river, estuary or haven intended or used for the accommodation, berthing or anchorage of vessels or for the shipping, unshipping or transhipping of goods.
Contracting States.
10.—(1) The Minister for Foreign Affairs may by order declare— (a) that any state specified in the order is a Contracting State, or (b) that a declaration (the text of which shall be set out in the order) has been made pursuant to Article 16 of the Convention to the Belgian Ministry of Foreign Affairs.
Convention to have the force of law.
11.—(1) Subject to the provisions of this Part, the Convention shall have the force of law in the State and judicial notice shall be taken of it.
Jurisdiction.
12.—This Part applies in relation to the jurisdiction of any court, not being admiralty jurisdiction, as well as in relation to its admiralty jurisdiction, if any.
PART III
Miscellaneous Interpretation generally.
13.—(1) In this Part “the Conventions” means the International Convention relating to the arrest of seagoing ships and the International Convention on certain rules concerning civil jurisdiction in matters of collision both signed at Brussels on the 10th day of May, 1952.
Repeals.
14.—Section 23 and, in so far as it relates to the Cork Local Admiralty Court, section 27 of the Courts (Supplemental Provisions) Act, 1961 , are hereby repealed.
Transitional.
15.—Nothing in any provision of this Act shall affect proceedings instituted before the commencement of that provision.
Short title and commencement.
16.—(1) This Act may be cited as the Jurisdiction of Courts (Maritime Conventions) Act, 1989.
FIRST SCHEDULE International Convention Relating to the Arrest of Seagoing Ships, signed at Brussels, on May 10, 1952.
Section 4
The High Contracting Parties, having recognised the desirability of determining by agreement certain uniform rules of law relating to the arrest of seagoing ships, have decided to conclude a Convention for this purpose and thereto have agreed as follows:
Article 1In this Convention the following words shall have the meanings hereby assigned to them:
Article 2
A ship flying the flag of one of the Contracting States may be arrested in the jurisdiction of any of the Contracting States in respect of any maritime claim, but in respect of no other claim; but nothing in this Convention shall be deemed to extend or restrict any right or powers vested in any Governments or their Departments, Public Authorities, or Dock or Harbour Authorities under their existing domestic laws or regulations to arrest, detain or otherwise prevent the sailing of vessels within their jurisdiction.
Article 3
The provisions of this paragraph shall apply to any case in which a person other than the registered owner of a ship is liable in respect of a maritime claim relating to that ship.
Article 4
A ship may only be arrested under the authority of a Court or of the appropriate judicial authority of the Contracting State in which the arrest is made.
Article 5
The Court or other appropriate judicial authority within whose jurisdiction the ship has been arrested shall permit the release of the ship upon sufficient bail or other security being furnished, save in cases in which a ship has been arrested in respect of any of the maritime claims enumerated in Article 1(1) (o) and (p). In such cases the Court or other appropriate judicial authority may permit the person in possession of the ship to continue trading the ship, upon such person furnishing sufficient bail or other security, or may other-wise deal with the operation of the ship during the period of the arrest.
In default of agreement between the parties as to the sufficiency of the bail or other security, the Court or other appropriate judicial authority shall determine the nature and amount thereof.
The request to release the ship against such security shall not be construed as an acknowledgement of liability or as a waiver of the benefit of the legal limitation of liability of the owner of the ship.
Article 6
All questions whether in any case the claimant is liable in damages for the arrest of a ship or for the costs of the bail or other security furnished to release or prevent the arrest of a ship, shall be determined by the law of the Contracting State in whose jurisdiction the arrest was made or applied for.
The rules of procedure relating to the arrest of a ship, to the application for obtaining the authority referred to in Article 4, and to all matters of procedure which the arrest may entail, shall be governed by the law of the Contracting State in which the arrest was made or applied for.
Article 7
Article 8
Article 9
Nothing in this Convention shall be construed as creating a right of action, which, apart from the provisions of this Convention, would not arise under the law applied by the Court which had seisin of the case, nor as creating any maritime liens which do not exist under such law or under the Convention on Maritime Mortgages and Liens, if the latter is applicable.
Article 10
The High Contracting Parties may at the time of signature, deposit of ratification or accession, reserve (a) the right not to apply this Convention to the arrest of a ship for any of the claims enumerated in paragraphs (o) and (p) of Article 1, but to apply their domestic laws to such claims; (b) the right not to apply the first paragraph of Article 3 to the arrest of a ship, within their jurisdiction, for claims set out in Article 1, paragraph (q).
Article 11
The High Contracting Parties undertake to submit to arbitration any disputes between States arising out of the interpretation or application of this Convention, but this shall be without prejudice to the obligations of those High Contracting Parties who have agreed to submit their disputes to the International Court of Justice.
Article 12
This Convention shall be open for signature by the States represented at the Ninth Diplomatic Conference on Maritime Law. The protocol of signature shall be drawn up through the good offices of the Belgian Ministry of Foreign Affairs.
Article 13
This Convention shall be ratified and the instruments of ratification shall be deposited with the Belgian Ministry of Foreign Affairs which shall notify all signatory and acceding States of the deposit of any such instruments.
Article 14
(a) This Convention shall come into force between the two States which first ratify it, six months after the date of the deposit of the second instrument of ratification. (b) This Convention shall come into force in respect of each signatory State which ratifies it after the deposit of the second instrument of ratification six months after the date of the deposit of the instrument of ratification of that State.
Article 15
Any State not represented at the Ninth Diplomatic Conference on Maritime Law may accede to this Convention.
The accession of any State shall be notified to the Belgian Ministry of Foreign Affairs which shall inform through diplomatic channels all signatory and acceding States of such notification.
The Convention shall come into force in respect of the acceding State six months after the date of the receipt of such notification but not before the Convention has come into force in accordance with the provisions of Article 14 (a).
Article 16
Any High Contracting Party may three years after the coming into force of this Convention in respect of such High Contracting Party or at any time thereafter request that a conference be convened in order to consider amendments to the Convention.
Any High Contracting Party proposing to avail itself of this right shall notify the Belgian Government which shall convene the conference within six months thereafter.
Article 17
Any High Contracting Party shall have the right to denounce this Convention at any time after the coming into force thereof in respect of such High Contracting Party. This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government which shall inform through diplomatic channels all the other High Contracting Parties of such notification.
Article 18
(a) Any High Contracting Party may at the time of its ratification of or accession to this Convention or at any time thereafter declare by written notification to the Belgian Ministry of Foreign Affairs that the Convention shall extend to any of the territories for whose international relations it is responsible. The Convention shall six months after the date of the receipt of such notification by the Belgian Ministry of Foreign Affairs extend to the territories named therein, but not before the date of the coming into force of the Convention in respect of such High Contracting Party. (b) A High Contracting Party which has made a declaration under paragraph (a) of this Article extending the Convention to any territory for whose international relations it is responsible may at any time thereafter declare by notification given to the Belgian Ministry of Foreign Affairs that the Convention shall cease to extend to such territory and the Convention shall one year after the receipt of the notification by the Belgian Ministry of Foreign Affairs cease to extend thereto. (c) The Belgian Ministry of Foreign Affairs shall inform through diplomatic channels all signatory and acceding States of any notification received by it under this Article.
Done in Brussels, on May 10, 1952, in the French and English languages, the two texts being equally authentic.
SECOND SCHEDULE International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision, Signed at Brussels, on May 10, 1952.
Section 11
The High Contracting Parties, Having recognised the advisability of establishing by agreement certain uniform rules relating to civil jurisdiction in matters of collision, have decided to conclude a Convention for this purpose and thereto have agreed as follows:
Article 1
Article 2
The provisions of Article 1 shall not in any way prejudice the right of the parties to bring an action in respect of a collision before a Court they have chosen by agreement or to refer it to arbitration.
Article 3
Article 4
This Convention shall also apply to an action for damage caused by one ship to another or to the property or persons on board such ships through the carrying out of or the omission to carry out a manoeuvre or through non-compliance with regulations even when there has been no actual collision.
Article 5
Nothing contained in this Convention shall modify the rules of law now or hereafter in force in the various contracting States in regard to collisions involving warships or vessels owned by or in the service of a State.
Article 6
This Convention does not affect claims arising from contracts of carriage or from any other contracts.
Article 7
This Convention shall not apply in cases covered by the provisions of the revised Rhine Navigation Convention of 17 October, 1868.
Article 8
The provisions of this Convention shall be applied as regards all persons interested when all the vessels concerned in any action belong to States of the High Contracting Parties.
Provided always that:
Article 9
The High Contracting Parties undertake to submit to arbitration any disputes between States arising out of the interpretation or application of this Convention, but this shall be without prejudice to the obligations of those High Contracting Parties who have agreed to submit their disputes to the International Court of Justice.
Article 10
This Convention shall be open for signature by the States represented at the Ninth Diplomatic Conference on Maritime Law. The protocol of signature shall be drawn up through the good offices of the Belgian Ministry of Foreign Affairs.
Article 11
This Convention shall be ratified and the instruments of ratification shall be deposited with the Belgian Ministry of Foreign Affairs which shall notify all signatory and acceding States of the deposit of any such instruments.
Article 12
(a) This Convention shall come into force between the two States which first ratify it, six months after the date of the deposit of the second instrument of ratification. (b) This Convention shall come into force in respect of each signatory State which ratifies it after the deposit of the second instrument of ratification six months after the date of the deposit of the instrument of ratification of that State.
Article 13
Any State not represented at the Ninth Diplomatic Conference on Maritime Law may accede to this Convention.
The accession of any State shall be notified to the Belgian Ministry of Foreign Affairs which shall inform through diplomatic channels all signatory and acceding States of such notification.
The Convention shall come into force in respect of the acceding State six months after the date of the receipt of such notification but not before the Convention has come into force in accordance with the provisions of Article 12 (a).
Article 14
Any High Contracting Party may three years after the coming into force of this Convention in respect of such High Contracting Party or at any time thereafter request that a conference be convened in order to consider amendments to the Convention.
Any High Contracting Party proposing to avail itself of this right shall notify the Belgian Government which shall convene the conference within six months thereafter.
Article 15
Any High Contracting Party shall have the right to denounce this Convention at any time after the coming into force thereof in respect of such High Contracting Party. This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government which shall inform through diplomatic channels all the other High Contracting Parties of such notification.
Article 16
(a) Any High Contracting Party may at the time of its ratification of or accession to this Convention or at any time thereafter declare by written notification to the Belgian Ministry of Foreign Affairs that the Convention shall extend to any of the territories for whose international relations it is responsible. The Convention shall six months after the date of the receipt of such notification by the Belgian Ministry of Foreign Affairs extend to the territories named therein, but not before the date of the coming into force of the Convention in respect of such High Contracting Party. (b) A High Contracting Party which has made a declaration under paragraph (a) of this Article extending the convention to any territory for whose international relations it is responsible may at any time thereafter declare by notification given to the Belgian Ministry of Foreign Affairs that the Convention shall cease to extend to such territory and the Convention shall one year after the receipt of the notification by the Belgian Ministry of Foreign Affairs cease to extend thereto. (c) The Belgian Ministry of Foreign Affairs shall inform through diplomatic channels all signatory and acceding States of any notification received by it under this Article.
Done in Brussels, in a single original in the French and English languages, the two texts being equally authentic, on May 10, 1952.
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