The Alima collided with the Iva at the port of Tripoli in Libya. The Iva was arrested, but not as a result of a judicial process. The Iva was later bailed out on the strength of a guarantee.

The arrest in Libya and the subsequent bailing out of the Iva were the facts relied upon in support of an application for discharge of a later arrest in Cyprus. The Iva invoked in this respect the provisions of the Brussels Convention Relating to the Arrest of Seagoing Ships (Arrest Convention 1952).

Held: Application dismissed.

The provisions of the Arrest Convention 1952 apply in Cyprus in virtue of s 19 of the Courts of Justice Law 1960 (Law 14/60).

'Arrest' in the sense of art 1.2 of the Arrest Convention 1952 is a detention by judicial process. In this case there was no arrest in Libya in that sense. According to the evidence before the Court, no judicial proceedings had ever been instituted in Tripoli. 

However, art 3.3 of the Arrest Convention 1952 is still applicable, because it applies not only in cases of 'arrest' in the said sense, but also in cases where bail or other security is given to effect the vessel's release. Article 3.3 of the Arrest Convention 195 expressly refers to an arrest, bail or other security given in any one or more of the jurisdictions of any of the Contracting States. However, Libya is not a Contracting State. Article 3.3 of the Arrest Convention 1952 applies only when the first arrest or bail had been given 'in any one of the jurisdictions of the Contracting States'. It is not therefore, applicable to the facts of this case.

Nor can the defendant rely on The Golaa 17 Asp Mar Law Cas 35. In The Golaa legal proceedings had commenced in the United States and the ship was bailed out for the purpose of being released from the arrest and then legal proceedings commenced in the UK and the question turned on the principle of lis alibi pendens. The facts of that case are distinguishable from the present one. Furthermore that case was decided before the ratification by the UK of the Arrest Convention 1952 which embodies express provisions regulating the matter.