Your debtor is a shipping company whose real assets are vessels roaming from port to port; if the ship slips out of harbour, your entire debt may slip out with it. Maritime law therefore knows a unique instrument of pressure and security: the precautionary arrest of the ship while she lies in port. Said Ibrahim Ambusaidi Advocates (SIA), a law firm in Muscat, explains when a vessel can be arrested in the Sultanate and how the battle is fought from both sides, under the Maritime Law issued by Royal Decree 19/2023 and the Civil and Commercial Procedures Law issued by Royal Decree 29/2002.

When can a ship be arrested?

Precautionary arrest is a provisional measure preventing the ship from sailing as security for a debt owed by her owner or operator. It requires no prior judgment on the debt; it is enough that the judge finds the claimed debt seriously arguable. The Maritime Law looks here to the class of maritime debts connected with the ship and her operation, including: the master’s and crew’s wages; salvage and assistance remuneration; collision damage; claims for damage to carried cargo; debts for bunkers, supplies and ship repair; insurance premiums; and maritime mortgages. The holder of any of these debts stands strongest in obtaining an arrest order.

How is the arrest executed in practice?

The application goes to the competent court by petition supported by the debt documents — contracts, invoices, bills of lading, survey reports — and the ship’s particulars: name, flag and current position. The decisive element is speed and timing: the file must be ready before the ship berths or immediately on berthing, and execution of the order is coordinated with the maritime authorities and the port to prevent sailing. Once the order is issued and executed, the arresting creditor must file the substantive claim within the periods the Civil and Commercial Procedures Law prescribes to confirm the attachment, or the arrest is exposed to lapse.

How does the shipowner lift the arrest?

The owner has two main routes: attacking the arrest itself — denying the debt, its maritime character or the procedure — or providing substitute security sufficient to cover the claimed debt, such as a bank guarantee or a letter of undertaking from the ship’s P&I club, whereupon the arrest is lifted, the ship sails, and the dispute becomes a contest over the security. That is the usual course in practice: a single day’s detention can cost more than the debt itself, which is precisely what makes arrest such an effective negotiating tool in the creditor’s hands.

What does the strategic decision weigh before arresting?

Before applying, balance: the value of your debt against the procedure’s costs; the vessel’s prior liens and mortgages that may outrank you on execution; the exposure to damages if the arrest is later held unjustified; and any arbitration clause in your underlying contract and its effect on the substantive claim. A successful arrest begins with a tight documentary file, not a hurried petition.

Key facts

Ship arrest is governed by the Maritime Law RD 19/2023 together with the general rules of the Civil and Commercial Procedures Law RD 29/2002.
Maritime debts connected with the ship and her operation — crew wages, salvage, collision, cargo damage, supplies — are the strongest basis for arrest.
Arrest is provisional and must be confirmed by a substantive claim within the prescribed periods.
Arrest is usually lifted against substitute security such as a bank guarantee or a P&I club letter of undertaking.
An unjustified arrest can make the arresting party liable for the vessel’s detention losses.
Timing and coordination with the port authorities are decisive to execution.

When to involve a lawyer

Involve a lawyer if you hold a maritime debt against the owner of a vessel calling at Omani ports and want to seize the chance of her berthing, if your own ship has been arrested and you need the fastest release on the least security, if you are negotiating a settlement under the pressure of an arrest, or if you want the risks of an intended arrest assessed before you strike.

At Said Ibrahim Ambusaidi Advocates we prepare and execute ship arrest files in coordination with the competent authorities, secure releases and negotiate security, and litigate the substantive claims before the courts across Oman. The first consultation is free by phone or WhatsApp on +968 9706 3030. We are based in Al Khoudh, Seeb, Muscat, and work Sunday to Thursday, 9:00 to 13:00 and 14:00 to 17:00, in Arabic and English.

This article is general legal information, not legal advice.

Ship Arrest in Oman: How to Stop Your Debtor's Vessel