Ship arrest is one of the most powerful tools available to maritime claimants. When a debtor fails to pay, whether for unpaid bunkers, cargo damage, outstanding charter hire, crew wages, or salvage services, arresting the vessel in port can be the fastest and most effective way to secure a claim and force a resolution.
Egypt's position at the crossroads of global shipping makes it a strategically important arrest jurisdiction. With major ports at Alexandria, Damietta, Port Said, and Suez, and the Suez Canal connecting the Red Sea to the Mediterranean, vessels are regularly within reach of Egyptian courts.
Ship arrest in Egypt is not forgiving. The process involves strict legal requirements, tight deadlines, and a narrow window of opportunity. A vessel that departs before an arrest order is served is beyond reach, and with it, the claimant's leverage.
This guide sets out everything a claimant needs to know: the legal framework, qualifying claims, competent courts, required documents, and the step-by-step procedure, so that when the moment comes, action can be taken without delay.
I. Two Types of Arrest: Precautionary and Executory
Egyptian law recognises two distinct forms of ship arrest. Understanding the difference is essential from the outset.
A precautionary arrest is a temporary measure designed to secure a maritime claim before a final judgment is obtained. It freezes the vessel in port while legal proceedings are still underway, preventing the ship from leaving Egyptian waters. This is by far the most commonly used form of arrest and the primary focus of this guide.
An executory arrest is used to enforce a judgment or arbitration award that has already been issued. It is not concerned with preserving rights but with collecting on rights already confirmed by a binding decision.
For most claimants acting urgently, including bunker suppliers with unpaid invoices, cargo interests pursuing damage claims, or creditors holding outstanding charter payments, the precautionary arrest is the relevant route.
II. Legal Framework and Qualifying Claims
Ship arrest procedure in Egypt is governed by three main instruments:
- Egyptian Maritime Trade Law No. 8 of 1990
- Egyptian Civil and Commercial Procedure Law No. 13 of 1968 (as amended)
- The 1952 Brussels Convention on the Arrest of Sea-Going Ships
Not every dispute gives rise to the right to arrest a vessel. The underlying claim must qualify as a maritime claim under Article 60 of the Egyptian Maritime Law, which provides an exhaustive list. Claims falling outside this list will be rejected by the court.
Qualifying maritime claims include:
- Unpaid bunker supply and other necessary supplies
- Cargo loss or damage, including claims under bills of lading or charterparties
- Unpaid charter hire or disputes arising from the use of the vessel
- Damage caused by the ship, including collision and pollution
- Salvage and general average
- Crew wages and expenditures made by the master on behalf of the vessel
- Ship construction, repair, or dry-docking costs
- Port dues and canal tolls
- Towage and pilotage services
- Loss of life or personal injury arising from vessel operations
- Insurance of the ship
- Maritime mortgages
- Disputes over ship ownership or co-ownership
- Wreck removal
For bunker companies specifically: unpaid bunker supply claims are explicitly listed under Article 60 and are among the most commonly pursued grounds for arrest in Egypt.
III. Which Court Has Jurisdiction?
Ship arrest applications in Egypt are handled exclusively by the Economic Courts, which are specialised courts with jurisdiction over maritime matters under Egyptian law.
The correct court is determined by the physical location of the vessel at the time of the application. Filing before the wrong court is a critical error: it wastes time and risks the vessel departing before the mistake can be corrected.
| Court | Ports Covered |
|---|---|
| Ismailia Economic Court | Suez Canal ports: Ismailia, Suez, Port Said, Arish |
| Mansoura Economic Court | Damietta Port |
| Alexandria Economic Court | Alexandria and El Dkheila Port |
| Qena Economic Court | Hurghada and Safaga |
Timely filing before the correct court, combined with proper coordination with court clerks and port authorities, is essential to ensure the arrest order reaches the vessel before departure.
IV. Documents Required
The Economic Court will review the supporting documents to determine whether arrest is justified. Preparing everything correctly, and ensuring all translations are complete, before the vessel arrives is often the difference between a successful arrest and a missed opportunity.
Required documents typically include:
- Power of attorney in favour of the local attorney filing the application, legalised and notarised in the claimant's home country
- Documents evidencing the underlying claim, such as invoices, bunker delivery notes, charterparties, bills of lading, survey reports, or other contracts — originals are required
- Vessel identification details, including name, IMO number, and flag state
- Proof of the vessel's presence in Egypt, such as port call data
All documents must be translated into Arabic. Documents originating outside Egypt may also require notarisation and legalisation, depending on their source jurisdiction. We will guide you through the legalisation process.
Incomplete or inconsistently translated documentation is a common cause of rejected petitions. Given that vessels can depart with little notice, having documents ready in advance is strongly advisable.
V. The Arrest Process: Step by Step
Step 1 — Filing the Arrest Petition
The claimant files a petition with the competent Economic Court, accompanied by all supporting documents. As a general rule, no counter-security is required from the claimant at this stage, making the Egyptian process relatively accessible compared to some other jurisdictions.
Note on Alexandria: The Alexandria Economic Court now consistently requires the claimant to post counter-security in the form of a cash deposit before issuing an arrest order. This applies to all matters before that court. Claimants filing in Alexandria or El Dkheila must factor this requirement into their preparation from the outset.
Step 2 — Court Review and Issuance of the Arrest Order
The court reviews the petition and evidence. If the claim is legally grounded and the documentation is in order, the court may issue a precautionary arrest order on an ex parte basis, meaning without notifying the shipowner in advance. Under Article 195 of the Civil and Commercial Procedure Law, the judge must issue a decision no later than the day following submission of the petition.
Step 3 — Service of the Arrest Order
Once issued, the arrest order must be formally served on the ship's master, the vessel registration office, and the relevant maritime authority. Service is what legally prevents the vessel from departing the port.
Step 4 — Filing the Substantive Lawsuit
Within eight days from the date the arrest order is served on the master or their representative, the claimant must file a substantive lawsuit before the primary court with jurisdiction over the relevant port. This deadline is strict: failure to file within eight days renders the arrest null and void.
Step 5 — The Shipowner's Response
Following the arrest, the shipowner has several options: post security with the court to secure release of the vessel, negotiate a settlement directly with the claimant, or file an objection challenging the arrest.
The vessel will be released if the court approves the security posted, a settlement is reached, or the court upholds the shipowner's objection.
On the question of security: P&I Club Letters of Undertaking are generally not accepted by Egyptian courts. Bank guarantees issued by Egyptian banks are the standard instrument for securing release of an arrested vessel.
One important caution: if the arrest is subsequently found to have been unjustified, the claimant may be held liable for damages arising from the wrongful arrest.
Key Takeaways
- Ship arrest in Egypt is available for a broad range of maritime claims, from unpaid bunkers to cargo damage to crew wages.
- The Economic Courts have exclusive jurisdiction, and filing before the correct court is critical.
- The process is ex parte and fast: an order can be issued within 24 hours of filing.
- No counter-security is required from the claimant to initiate the arrest, except in Alexandria where a cash deposit is now consistently required.
- The eight-day deadline to file a substantive lawsuit after arrest is absolute.
- P&I Club Letters of Undertaking are generally not accepted. Bank guarantees issued by Egyptian banks are the standard security instrument.
- Preparation is everything. Having documents translated and ready before the vessel arrives is essential.
Need to Arrest a Vessel in Egypt?
Ship arrest is time-critical. A documentation gap, a filing before the wrong court, or a procedural delay can mean losing the opportunity entirely as the vessel departs. Our team at Essam Moustafa Law Firm has direct experience across Egypt's Economic Courts. We act quickly, file correctly, and coordinate with port authorities to secure your claim before the vessel sails.
We respond to urgent maritime matters promptly.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. Specific cases may involve different procedures or requirements depending on the circumstances. Always consult a qualified maritime lawyer before taking action.