Maritime Liens under Oman’s Maritime Law

Maritime trade involves shipowners, ports, seafarers, and suppliers, each with important rights and obligations. Oman’s Maritime Law, issued under Royal Decree 19/2023, protects these interests through a framework for maritime liens, giving certain claims priority and allowing recovery directly against the ship. 

Speaking exclusively to the Times of Oman, Dr. Mohammed Ibrahim Al Zadjali, Chairman of Mohammed Ibrahim Law Firm, said that, “a maritime lien is a legal right that arises against the ship by operation of law. 

It allows creditors, such as seafarers owed wages, port authorities owed fees, and parties entitled to compensation for marine accidents, or for damage to persons, goods, and luggage on board the ship, to recover the amounts owed to them from the ship itself.” “The Law not only governs these liens but also establishes their order of priority. Judicial expenses, port and pilotage fees, loading fees, state taxes, and other specified claims rank first; followed by employment claims, maritime rescue amounts, general average losses, compensation for marine accidents or damage to persons, goods, and luggage, and claims arising from contracts made by the master outside the port of registration and necessary to complete the voyage. These liens attach to the ship regardless of who currently owns or operates it, except in cases where the owner lost possession through an unlawful act and the lien holder acted in bad faith,” he said.

He further noted that, “the Law also requires creditors to act promptly. Maritime liens lapse by the passing of one year from the date they arise, subject to exceptions provided under the Law. A notable exception applies to contracts made by the master outside the ship’s port of registration and necessary for the completion of the voyage, which are subject to a shorter limitation period of 180 days. Where the ship cannot be attached within the territorial sea of the Sultanate of Oman, the periods referred to above are extended to three years.” 

These strict limitation periods are designed to provide legal certainty, encourage the swift resolution of maritime disputes, and ensure that ships are not burdened by stale claims, thereby keeping them available for commercial operations, he concluded. 

(Mohammed Ibrahim Law Firm ([email protected]), (+968 244 87 600) was established on 14th December 2006 and is serving clients through its offices in Muscat and Sohar, as well as operating on a request basis in other areas. It offers legal representation across a wide range of practice areas that include Labour Law, Corporate, Commercial, Contracts, Banking and Finance, International Trade, Foreign Investment, Insurance, Maritime Law, Construction and Engineering Contracts, International Arbitration, Intellectual Property and more).