Shipping Litigation: Limits To US Federal Rule B Enforcement Proceedings

• Published date: 31 March 2024
• Law Firm: ParrisWhittaker
• Author: Parris Whittaker

As experienced shipping lawyers we're regularly involved in complex legal disputes involving ship owners, charterers, lenders, port authorities and others. We have a high success rate and, while it's one thing for a case to succeed in court, it's sometimes another to secure or enforce the judgment. The way judgments are enforced varies widely from country to country. Options for a successful litigant will also depend on the terms of any contract and the nature of the judgment itself. Rules about enforcement of maritime judgments in particular may also be relevant.

Our comprehensive maritime litigation service includes planning ahead for the possibility that a judgment you secure might be difficult to enforce. Our specialist shipping and maritime work regularly involves other jurisdictions, notably the US. Here we look at a very specific set of US rules applicable to admiralty or maritime enforcement proceedings. 'Rule B' of the Supplemental Federal Rules of Civil Procedure for Admiralty and Maritime Claims provides those bringing maritime claims with a valuable tool to secure their monetary claim - before they actually succeed in obtaining a judgment. This guards against the all too common scenario of a defendant hiding or dissipating assets to frustrate the plaintiff's claim. As we'll see below...