In April 2018, law firm HFW issued its “Arrest Pack” which analyses 2 of the most common means through which claimants operating in the shipping and commodities sectors seek to –
- obtain security for bringing a claim; and
- enforce their judgments and awards: through ship arrest (and sale), and attachments (including how attachment orders handed down in the UK courts may be enforced in other EU Member States and vice versa, via the 2015 EU Recast Brussels I Regulation.
It focuses on the systems for arrest and sale in England and Wales and in Singapore, the attachment procedure in the Netherlands (which is said to have the most liberal laws in terms of the required evidence). The article also considers the potential effect of Brexit on the reciprocal enforcement of arrest and attachment orders in the EU, concluding that the effect is likely to be minimal.