Published cases

Several cases in which Tonci Bezmalinovic was involved have been published on the central Dutch courts website (www.rechtspraak.nl). The most relevant ones for international clients are the following:

1. LJN: BA2470, Court of Middelburg, 55044 / KG ZA 2006-228

The court allowed a second arrest of the bunkers of a vessel in Dutch territorial waters after those bunkers were already arrested in another jurisdiction (Antwerp, Belgium). According to the court an exception from the rule “that the same bunkers cannot be arrested for a second time” was allowed taking into account the situation that the claims for which the bunkers were arrested, for the second time, were not due yet at the moment of the first arrest.

2. LJN: BO3012, Court of Middelburg, 74867 / KG ZA 10-155

Conservatory arrest of a Russian vessel was lifted after the Court determined that a Russian arbitration award could not be enforced in the Russian Federation any more. Taking into consideration the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (also known as the New York Convention) the Court determined that the Russian arbitration award could not be enforced in the Netherlands. The court ruled that no new arrests on vessels of the Russian ship owner would be allowed in the future based on this arbitration award. In case of new arrests the arresting party would need to pay to the Russian ship owner a penalty of 100,000,00 EUR for each day (or part of the day) the arrest would last.

3. LJN: BJ7444, Appeal Court of The Hague, 105.004.165/01 and 105.005.577/01

In the dispute about the arrest of a Romanian vessel, the appeal court of
The Hague ruled that the arrest is not lifted in case of a conservatory arrest based on article 47 paragraph 2 of the Council Regulation (EC) no. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters which fall under the exception of article 1 paragraph 2 of the 1952 International Convention Relating to the Arrest of Sea-Going Ships.