Attachment of the seagoing ship David Prvi and the bunkers on board by Bluemarine Chartering Inc (Bluemarine) for a claim for broker's commission relating to the demise charters of the David Prvi and the seagoing ship Champion. The David Prvi is 99 per cent owned by Jadranski Pomorski Servis DD (JPS) and 1 per cent owned by Rivana Services SA (Rivana), and demise chartered to Rivana. The Champion& is 99 per cent owned by JPS and 1 per cent owned by Salver Global SA (Salver), and demise chartered to Salver. Rivana and Salver have each concluded sub-demise charter agreements with PDV Marina SA (PDV) with respect to the David Prvi and the Champion respectively. Both Rivana and Salver have concluded commission agreements with Tampa Maritime SA (Tampa), which has assigned its rights deriving from these agreements to Bluemarine. Bluemarine estimates its claim against Rivana to be USD 43,017 and against Salver to be USD 479,466. Rivana and JPS seek the lifting of the attachments.

Held:

Parties dispute whether or not the David Prvi currently sails under the Panamanian or Venezuelan flag. Neither Panama nor Venezuela is a party to the Arrest Convention 1952. This means that the limitation of art 8.2 of the Arrest Convention 1952 does not apply to the David Prvi; it can be attached for claims other than the maritime claims laid down in art 1 of the Arrest Convention 1952.

By far the biggest part of the claim underlying the attachment relates to the alleged compensation for services provided by Tampa in respect of the Champion at the instruction of Salver. The David Prvi cannot be attached for this claim. Pursuant to art 3.4 of the Arrest Convention 1952, and in the case of a charter by demise, a claimant may in certain circumstances effect an attachment on any ship in the ownership of the charterer by demise and therefore also on another ship than the ship in respect of which the claim arose (the particular ship). The David Prvi is not another ship of Salver, the charterer by demise.