Securing the clean title of ships: The prospects and achievements of the Convention on the International Effects of Judicial Sales of Ships

Abstract

The Convention on the International Effects of Judicial Sales of Ships (hereinafter “the Convention”), was adopted in December 2022. Its aim was to ensure the cross-border effects of the judicial sale of ships to secure their clean titles and to enhance the confidence of both purchasers and financiers. The Convention was the latest effort by the maritime community to broaden the scope of cross-border judicial and shipping cooperation; the deployment of a repository to this end has been an innovation in the digital era. The text of the Convention is acceptable, both in terms of judicial procedure and ship registration, and there have been no fundamental difficulties in implementing the Convention due to the balance that has been achieved between the Convention and domestic laws. The Convention's entry into force is promising; however, the attitude of top flags of registration and popular ship arrest forums will largely decide the success and future prospects of the Convention. A further development inspired by the repository established under the Convention, is the exploration of innovations in the international online system regarding the service of legal documents abroad.