A vessel to be sold through a judicial sale is usually arrested before such judicial sale, to ensure that the vessel does not leave our jurisdiction pending the formalities of the judicial sale. Such conservatory arrest can usually be effected within a very short period of time, provided supporting documentation and full information is available.
A creditor must have a legal title to have a vessel sold through a judicial sale. Depending on the law governing the underlying claim or mortgage title, the jurisdiction where the vessel is arrested and the judicial sale is to take place, and applicable treaties for enforcement of titles, it can be determined whether a title for execution is available or should be obtained.
In Aruba, due to the fact that it is a member state to the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (also known as the Brussels Convention or EEX Convention), leave for execution of a member state court judgment or civil law notary deed is obtainable within days. Curacao, St. Maarten, St. Eustatius and Saba are not a member state to this convention.