Admiralty Jurisdiction

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History Of Admiralty Jurisdiction
Admiralty jurisdiction refers to a specialized branch of law that deals with legal matters
related to maritime activities and navigation. The origins of admiralty jurisdiction can be found
in medieval Europe, where maritime trade was growing rapidly. During this period, various
countries, such as England, France, and the Netherlands, started to establish laws and courts
specifically dedicated to resolving maritime disputes. These courts were known as admiralty
courts.
In the 18th and 19th centuries, admiralty law continued to evolve, particularly in England
and the United States. Both countries established specialized admiralty courts with extensive
jurisdiction over maritime matters. Since 1875, the civil jurisdiction of the Admiralty Court which
finally became the High Court of Admiralty in England is vested in the Private, Divorce and
Admiralty Division of the High Court. The High Court exercised Admiralty jurisdiction by the
Administration of Justice Act 1956. In the United States, the Judiciary Act of 1789 conferred
original jurisdiction on the federal district courts for admiralty and maritime cases.
However, admiralty jurisdiction was -exercised before admiralty courts were created. To
be sure, from very early times some of the seaport towns had "marine" or "port" courts which
administered, between merchant and merchant, a maritime law which had some of the
characteristics of later admiralty courts.1

Admiralty Jurisdiction in England

In 1981, Supreme Court Act was enacted and it came into force and Admiralty business is
now assigned to a separate Court called the Admiralty Court within the Queen's Bench Division.
In England most shipping cases will be hard in the High Court of Justice, usually in the Queen's
Bench Division. Some stall claims may be heard in the country Court. The Admiralty Court
exercises a wide jurisdiction over admiralty matters.2

Admiralty Jurisdiction in United States of America

Admiralty jurisdiction is vested in the Federal courts pursuant to the United States
Constitution, which provides that the judicial Power of the Supreme Court shall extend to
“all Cases of admiralty and maritime Jurisdiction This power was extended to the district
courts by the Judiciary Act. Admiralty jurisdiction for crimes is vested in the federal
courts by the United States Constitution which gives Congress the power to define and
Punish Piracies and Felonies committed on the High Seas.

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MICHIGAN LAW REVIEW vol 45 pg. 164
2
Chorley and Gile's Shipping Law, 84 Ed. 1987.P.7

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 Admiralty cases include causes of action arising both in contract and in tort. The
traditional test for admiralty tort jurisdiction was originally based upon “locality” alone,
meaning, there was admiralty jurisdiction so long as the incident occurred on navigable
waters.

The types of tort cases that can be heard in admiralty include:

1. collision cases between vessels, or an allision case where a vessel strikes a fixed
object.
2. cargo claims, where cargo shipped on board a vessel is lost, damaged or destroyed
during transit.
3. seaman’s claims

4. passenger claims
5. Personal injury cases that occur on navigable waters
6.oil spills that occur on navigable waters
7. property damage claims that arise on navigable waters
Generally, the types of contracts that support admiralty jurisdiction include:
1. contracts to repair, furnish services or supplies to a vessel in navigation;
2. claims relating to agreements involving the use of a vessel and charter parties (leases)
and other arrangements for the hire of a vessel;
3. seamen's employment contracts;
4. vessel storage contracts for a vessel in navigation;
5. contracts for carriage of cargo;
6. stevedoring contracts pertaining to loading and unloading of vessels;
7. contracts for the carriage of passengers by water;
8. maritime insurance contracts;
9. pilotage contracts;
10. wharfage contracts;
11. salvage contracts;
13. towage contracts;
14. dredging contracts;
15. ship mortgages
16. Claims based upon products. 3

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Admiralty Jurisdiction | Maritime Law | Edward Petkevis, Esq. (deepwaterlaw.com)

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Admiralty Jurisdiction in Singapore

In Singapore, admiralty law deals with certain claims against ships, shipowners or ship
charterers that fall under the admiralty jurisdiction of the General Division of the High Court.

Examples of admiralty cases that the General Division of the High Court can hear
include:

• Claims to the possession or ownership of a ship.

• Claims for damage done by a ship.
• Claims for damage received by a ship.
• Claims for loss of or damage to goods carried in a ship.
• Claims in respect of a mortgage or charge on a ship.
• Claims arising out of any agreement relating to the carriage of goods in a ship.
• Claims in respect of goods or materials supplied to a ship for her operation
or maintenance.
• Claims by a master or crew member for wages.

Admiralty proceedings can be against one or both of the following types of parties:

• A ship: This is known as an action in rem.

• A person or company who owns or has demise chartered the ship in question: This is
known as an action in personam.4

Admiralty Jurisdiction in Myanmar

Myanmar was a British colony in the past. Accordingly, the courts derived their admiralty
jurisdiction from the Colonial Courts of Admiralty Act 1890 and applied British maritime law.
Under the Colonial administration, the High Court of Judicature at Rangoon was established under
the government of Burma Act 1935. The Procedures followed by the High Court were laid down
in the rules and orders manual to be applied in admiralty cases.
After independence, the Union Judiciary Act, 1948, was promulgated. With regard to maritime
or admiralty jurisdiction it was prescribed in Section 19 of the Act.
Under Judiciary Law of 1988, the Supreme Court is the highest judicial organ. Under section
4(1) of this law, Supreme Court has original jurisdiction of criminal and civil cases. Moreover, the
Supreme Court only entertains original suits in reference to the maritime jurisdiction. According
to the Judiciary Law 2000, Section 5 (i) grants the Supreme Court to adjudicate maritime cases.
Admiralty jurisdiction is vested in the highest judicial organ in Union of Myanmar. Although the

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Admiralty proceedings (judiciary.gov.sg)

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admiralty jurisdiction has gone changes in different periods of the history of the Courts, at the
present time the Supreme Courts which exercised the admiralty jurisdiction, still follows the Rules
under the Colonial Courts of Admiralty Act, 1890 for admiralty practice. Now, from the previous
time to 2000, admiralty jurisdiction was vested in the highest judicial organ in Union of Myanmar.
Under Union Judiciary Law 2010, The Supreme Court of the Union has the original
jurisdiction in cases of piracy, offences committed at international water or airspace, offences
committed at ground or international water or airspace by violating the international law
But in the present time, admiralty jurisdiction is vested in the highest Courts of the Region or
State under Section 38 (d), the Law Amending of the Union Judiciary Law 2014.

Classification of Admiralty Actions

Admiralty actions may be classified as follows: -

(1) action in rem
(2) action in personam

Action in rem
Action in rem is an action against the thing itself. It is a distinctive and peculiar feature of
Admiralty jurisdiction: The definition of action in rem is stated in the case of The St Merriel 5
The action in rem is the word used in the admiralty for a limited number of things such as
ships, their cargoes and a freight on which the arrested and sold by the court to meet the plaintiff’s
claim or the claims of the number of plaintiffs, provided that the claim or claims are proved to the
satisfaction of the Court

Action in personam
Action in personam is against a particular person. Where the plaintiff has been the victim
or some legal wrong Committed by a natural or illegal such as a company, person he is entitled
to sue that other person in personam

Today, admiralty jurisdiction is an integral part of the legal systems of many countries. It
encompasses a wide range of matters, including maritime contracts, shipping disputes, collisions,
salvage, marine insurance, and more. International organizations like the International Maritime
Organization (IMO) work towards developing uniform rules and regulations to govern maritime
activities and ensure the consistent application of admiralty law worldwide.

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1963 Lloyds Rep 68