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

12 Pages Posted: 24 Jul 2010 Last revised: 6 Jun 2014

Paul Myburgh

National University of Singapore

Date Written: 2010

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

Suggested Citation

Myburgh, Paul, The Ship Supplier’s Lien: Taking a (Maple) Leaf Out of the Canadian Statute Book? (2010). [2010] Asia-Pacific Law Review, 279-296. Available at SSRN: https://ssrn.com/abstract=1647602

Paul Myburgh (Contact Author)

National University of Singapore ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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