Possibly the first arrest
ITIC has assisted a shipbroker to obtain, what we believe, is the first arrest of a ship in a Commonwealth law jurisdiction for unpaid commission. The shipbroker had commenced London arbitration proceedings in accordance with the terms of the charterparty. The arrest took place in Auckland, New Zealand to obtain security for the amount claimed and the legal costs of the arbitration. The owners provided a bank guarantee as security.
This case is an example of the increased ability of shipbrokers to take effective legal action to enforce their rights to commission. The relevant provisions of New Zealand law are similar to those found in England and other Commonwealth jurisdictions. This arrest has set a useful precedent.