The Scope of Application of the UNCITRAL Instrument on the Judicial Sale of Ships

Abstract

This paper tackles the Draft Instrument on the Judicial Sale of Ships that is currently being prepared at UNCITRAL, focusing mainly on the conditions for the judicial sale of a ship conducted in one State Party to have effects in another Contracting State (including the definition of “clean title”, the notion of ship, and problematic aspects of the sale). The article considers particularly the background of the UNCITRAL Instrument and the conditions (scope of application) for the domestic judicial sale of ships to have international effect under the Convention, paying special attention to one of the most important requirements to issue a certificate of judicial sale (conferring clean title to the ship).

Keywords

• judicial sale of ships
• uncitral
• clean title
• charge
• purchaser
• mortgage
• ship
• certificate of sale