Article 7

Geldend

Documentgegevens:

Geldend vanaf 24-02-1956

Bronpublicatie:: 10-05-1952, Trb. 1981, 165 (uitgifte: 27-07-1981, kamerstukken/regelingnummer: -)
Inwerkingtreding: 24-02-1956
Bronpublicatie inwerkingtreding:: 10-05-1952, Trb. 1981, 165 (uitgifte: 27-07-1981, kamerstukken/regelingnummer: -)
Vakgebied(en): Burgerlijk procesrecht / Beslag en executie
Internationaal privaatrecht / Bijzondere onderwerpen

(1)

The Courts of the country in which the arrest was made shall have jurisdiction to determine the case upon its merits if the domestic law of the country in which the arrest is made gives jurisdiction to such Courts, or in any of the following cases namely:

(a): if the claimant has his habitual residence or principal place of business in the country in which the arrest was made;
(b): if the claim arose in the country in which the arrest was made;
(c): if the claim concerns the voyage of the ship during which the arrest was made;
(d): if the claim arose out of a collision or in circumstances covered by Article 13 of the International Convention for the unification of certain rules of law with respect to collisions between vessels, signed at Brussels on 23rd September 1910;
(e): if the claim is for salvage;
(f): if the claim is upon a mortgage or hypothecation of the ship arrested.

(2)

If the Court within whose jurisdiction the ship was arrested has not jurisdiction to decide upon the merits, the bail or other security given in accordance with Article 5 to procure the release of the ship shall specifically provide that it is given as security for the satisfaction of any judgment which may eventually be pronounced by a Court having jurisdiction so to decide; and the Court or other appropriate judicial authority of the country in which the arrest is made shall fix the time within which the claimant shall bring an action before a Court having such jurisdiction.

(3)

If the parties have agreed to submit the dispute to the jurisdiction of a particular Court other than that within whose jurisdiction the arrest was made or to arbitration, the Court or other appropriate judicial authority within whose jurisdiction the arrest was made may fix the time within which the claimant shall bring proceedings.

(4)

If, in any of the cases mentioned in the two preceding paragraphs, the action or proceedings are not brought within the time so fixed, the defendant may apply for the release of the ship or of the bail or other security.

(5)

This article shall not apply in cases covered by the provisions of the revised Rhine Navigation Convention of 17 October 1868.