Berlingieri on Arrest of Ships Volume 2
Page 106
9
Right of re-arrest and multiple arrest
Article 5: Right of re-arrest and multiple arrest
- 1. Where in any State a ship has already been arrested and released or security in respect of that ship has already been provided to secure a maritime claim, that ship shall not thereafter be re-arrested or arrested in respect of the same maritime claim unless:
- (a) the nature or amount of the security in respect of that ship already provided in respect of the same claim is inadequate, on condition that the aggregate amount of security may not exceed the value of the ship; or
- (b) the person who has already provided the security is not, or is unlikely to be, able to fulfil some or all of that person’s obligations; or
- (c) the ship arrested or the security previously provided was released either:
- (i) upon the application or with the consent of the claimant acting on reasonable grounds,
- (i) upon the application or with the consent of the claimant acting on reasonable grounds,