The objective of the Guidelines on Management of Applications for Arrest of Vessel where Vessel Owner or Bareboat Charterer is the Subject of Cross-Border Insolvency Proceedings (“JIN Admiralty Guidelines”) is to enhance coordination and cooperation among courts in the management of applications for the arrest of vessels (an “Arrest Application”) where the owner or bareboat charterer of the subject vessel or a related entity within the same enterprise group is undergoing cross-border proceedings relating to insolvency or adjustment of debt in more than one jurisdiction (a “Restructuring Proceeding”). The aim is to maximise, to the extent permissible, the collective interests of all parties and to prevent the intentional or inadvertent frustration of the restructuring objective by an Arrest Application.
The JIN Admiralty Guidelines set out best practices that may be suitably adopted by a court in one jurisdiction faced with an Arrest Application and an application for the recognition of and/or consequential relief or pre-recognition interim relief in relation to Restructuring Proceedings commenced in a foreign jurisdiction. The JIN Admiralty Guidelines envisages that the court faced with such applications address its attention to the potential impact of the arrest proceedings on the Restructuring Proceeding, and to the potential impact of the Restructuring Proceeding on the arrest applicant’s prospect of recovery.
Considering the diversity across legal systems, the JIN Admiralty Guidelines are recommended for implementation in each jurisdiction in such manner as the jurisdiction deems fit, and to such extent as the domestic laws of each implementing jurisdiction may permit.
The JIN Admiralty Guidelines were endorsed by the JIN with approval at the 6th Conference in June 2025. It incorporates comments provided by members and observers in relation to an earlier iteration of the JIN Admiralty Guidelines that was presented at the 5th Conference in June 2024.
Click here to download a copy of the JIN Admiralty Guidelines.
