Shipping & Transport updates


Contributed by Fenech & Fenech Advocates
Court affirms scope and effect of Section 37 injunctions where security has been placed
  • Malta
  • 21 April 2021

A creditor recently obtained a Section 37 order on a provisional basis from the Maltese courts as security for a claim arising from a dispute under a charterparty. The purpose of the order was to prohibit the sale, transfer or deregistration of the vessel while the merits of the case were being determined. While the law allows owners to opt to deposit security, the legislature has catered for these instances to ensure that creditors' rights are not prejudiced.

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