The Ship Supplier’s Lien: Taking a (Maple) Leaf Out of the Canadian Statute Book?

Abstract:     
Ship suppliers’ claims have traditionally not enjoyed maritime lien status in Common Law jurisdictions outside the United States. Instead, ship suppliers have been treated as unsecured creditors with a mere right of action in rem against the relevant vessel. However, Canada has recently introduced a statutory maritime lien for certain ship suppliers’ claims. This article provides a comparative analysis of the historical development of ship suppliers’ claims in maritime law, evaluates the Canadian reform, and discusses its potential implications for the Asia-Pacific region.

Keywords: maritime, law, lien, action in rem, ship, supply, suppliers, contract, conflict of laws, Canada, United States, Asia, Pacific

JEL Classification: K10, K29, K40, K41, L92, N40, N70

Accepted Paper Series