Admiralty Court Jurisdiction in Bangladesh

Legal Basis of Admiralty Jurisdiction

The admiralty jurisdiction in Bangladesh is primarily governed by the Admiralty Court Act, 2000, which establishes the High Court Division of the Supreme Court as the Admiralty Court with exclusive jurisdiction over maritime disputes.

The Admiralty Court Act, 2000 draws inspiration from the UK's Supreme Court Act 1981 and the International Convention on Arrest of Ships, 1999, though Bangladesh is not a signatory to the latter.

Subject Matter Jurisdiction

The Admiralty Court has jurisdiction over a wide range of maritime claims as specified in Section 3 of the Admiralty Court Act, 2000, including:

Category	Types of Claims
Proprietary Claims	Claims to possession or ownership of a vessel Questions arising between co-owners of a vessel Claims in respect of a mortgage or charge on a vessel
Damage Claims	Claims for damage done by or to a vessel Claims for loss of life or personal injury due to vessel defects Claims for loss of or damage to goods carried by a vessel
Service Claims	Claims arising out of agreements for the carriage of goods Claims for salvage, towage, and pilotage Claims for goods, materials, or services supplied to a vessel
Employment Claims	Claims by master or crew for wages Claims for master's disbursements
Other Claims	Claims arising out of general average acts Claims arising out of bottomry (loans secured against ships) Claims for the forfeiture or condemnation of a vessel

Territorial Jurisdiction

The Admiralty Court's territorial jurisdiction extends to:

• All vessels within Bangladesh's territorial waters (extending 12 nautical miles from the baseline)
• Foreign vessels calling at Bangladeshi ports
• Vessels owned by Bangladeshi nationals or companies, regardless of location
• Maritime claims with a substantial connection to Bangladesh

Procedural Aspects

Admiralty proceedings in Bangladesh have several distinctive procedural features:

Action In Rem vs. Action In Personam

The Admiralty Court Act, 2000 allows for both actions in rem (against the vessel itself) and actions in personam (against the shipowner or other responsible party).

An action in rem is particularly powerful as it allows for the arrest of the vessel as security for the claim, regardless of any change in ownership after the cause of action arose (subject to certain exceptions for bona fide purchasers without notice).

Ship Arrest Procedure

The procedure for arresting a vessel involves:

1. Filing an admiralty suit with the High Court Division
2. Submitting an application for arrest warrant with supporting affidavits
3. Providing security for costs and potential damages
4. Obtaining and executing the arrest warrant
5. Serving the warrant on the vessel, master, and relevant authorities

Priority of Claims

In the event of multiple claims against a vessel, the Admiralty Court follows a well-established order of priorities:

1. Costs of arrest and judicial sale
2. Maritime liens (crew wages, salvage, collision damage, etc.)
3. Possessory liens
4. Registered mortgages
5. Statutory liens
6. Other claims

Comparison with International Admiralty Jurisdictions

Aspect	Bangladesh	UK	Singapore
Primary Legislation	Admiralty Court Act, 2000	Senior Courts Act 1981	High Court (Admiralty Jurisdiction) Act
Court Structure	High Court Division as Admiralty Court	Admiralty Court (part of Queen's Bench Division)	High Court (Admiralty Jurisdiction)
Sister Ship Arrest	Limited provisions	Comprehensive provisions	Comprehensive provisions
Security for Release	Bank guarantee, P&I Club LOU	Bank guarantee, P&I Club LOU, bail bond	Bank guarantee, P&I Club LOU, bail bond
Wrongful Arrest	Damages only for bad faith	Damages for gross negligence or bad faith	Damages for gross negligence or bad faith