Arrest of a vessel may take place with respect to all vessels flying the flag (i.e., the nationality of the vessel) of any of the states-parties to the Convention, as well as with respect to vessels flying the flag of another state, but in the latter case only within the jurisdiction of each state-party to the Convention, i.e., the State Party. For example, when a ship flying the flag of a non-party to the Convention is in a port of a state-party to the Convention.
Noteworthy, the Convention allows seizure not only of the vessel directly related to the creation of the maritime claim, but also of any other vessel belonging to the owner of the vessel against which the maritime claim arose. The above extension does not apply to: maritime claims arising from disputes over the ownership of any vessel, disputes between co-owners of any vessel over the ownership, possession, operation or benefit of that vessel, and the mortgage or maritime mortgage of a vessel. With respect to the listed claims, it is possible to arrest only the ship against which the maritime claim arose.
Arrest may not be established against vessels described in the International Convention on the Unification of Certain Rules Relating to the Immunities of State Ships, including warships and other vessels intended to create claims exclusively for government purposes.
