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Bangabandhu Sheikh Mujibur Rahman Maritime University,Bangladesh.
A presentation on The Student Concluding Seminar.
An Overview of Admiralty Court: Bangladesh Perspective
Submitted To:
Commodore M Z Alamgir
Dean, Faculty of Maritime Governance & Policy
Submitted By:
Md. Obaidullah Al Mamun
LL.M in Maritime Law
Email: sakibalmamun08@gmail.com.

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Acknowledgement
I would like to express the deepest gratitude to The Almighty Creator for granting me the
strength and opportunity for completion Student Concluding Seminar Paper. I also express
my very profound gratitude to Commodore M Z Alamgir, Dean Faculty of Maritime
Governance & Policy and Honorable Course Teacher, Student Concluding Seminar for his
kind instructions and suggestions. Without his thoughtful guidance and persistent help, this
seminar paper would not have been possible. Finally, I am very grateful to my classmates for
providing me with unfailing support and continuous encouragement throughout the course
and through the process of writing this Seminar Paper.

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Table of Content
Serial No: Name of Content Page No:
1 Abstract 4
2 Objective 5
3 Methodology 5
4 Introduction 5
5 Early history of Admiralty Court 5
6 Admiralty Court In Indian Sub-Continent 6
7 Admiralty Court in Bangladesh 7
8 Admiralty Court Act 2000 8
9 Establishment of the Admiralty Court 8
10 Jurisdiction of Admiralty Court 8
11 Mode of Institution of Suit in Admiralty Court 11
12 Settlement of disputes under HCD as an Admiralty
Court:
11
13 Determination of Action in Rem 11
14 Determination of Action in Personam 12
15 Institution of Suit with plaint 12
16 Court Fees for Maritime Action 12
17 Procedure for Ship Arrest and Release in Bangladesh 12
18 Appeal to Appellate Division 13
19 Findings 13
20 Recommendation 14
21 Conclusion 14
22 Bibliography 15

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Abstract
This is a complication on Maritime and Admiralty law of Bangladesh prepared for giving a
detail overview of the establishment of Admiralty Court. A single and specialized court is
established to settle the disputes relating to maritime transections. It is focused on Admiralty
jurisdiction, arrest of vessel, releasing any arrested vessel under different circumstances,
maritime claims, court fees, bank guarantee, settlement of disputes and appeal procedure
before the Appellate Division of the Supreme Court of Bangladesh.

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Objective:
This paper will highlight the establishment of Admiralty Court and its jurisdiction. It will
emphasis the procedure of maintaining maritime suit in the Admiralty Court. It also focuses
all of disputes regarding maritime claim. This seminar paper will help to know the Admiralty
Court, its procedure and jurisdiction over maritime conflict.
Methodology:
The seminar paper is mainly a descriptive research. Data are collected from secondary
sources (various publications, independent research works and Act of Parliament and Rules
& Regulations relating to Admiralty Court) with analyzing documents. Data and information
are analyzed with qualitatively by logical reasoning and quantitatively as applicable using
descriptive analytical tool.
Introduction:
Admiralty is the name of a court which takes cognizance of suits or actions arise in
consequence of acts done upon or relating to the sea. The court having jurisdiction over the
question of maritime law. It is the court that exercises jurisdiction over all maritime contracts,
torts, injuries, or offenses. Generally, admiralty court’s jurisdiction embraces civil actions
relating to ships and the sea. An admiralty court is any court with jurisdiction over maritime
law, which hears shipping, ocean and sea legal cases, whether or not the court is officially
titled admiralty court or granted official jurisdiction over admiralty cases1
. It’s a body
of law that governs nautical issues and private maritime disputes. Admiralty law consists of
both domestic law on maritime activities, and private international law governing the
relationships between private parties operating or using ocean-going ships2
.
Early history of Admiralty Court:
Transportation of goods and passengers by water is one of the most ancient channels of
commerce on record. This mode of transportation was and still is indispensable for
international trade since ships are capable of carrying bulky goods which otherwise would
not be carried. Rules and regulations governing relationships among parties of sea based
transport have also been known since 1 millennium BC3
. The primitive maritime dispensation
originated from the demeanor of the early Egyptians, Phoenicians and the Greeks who carried
a widespread commerce in the Mediterranean Sea. The earliest maritime code is credited to
the island of Rhodes which is said to have influenced Roman law.
1
http//www.investophedia.com
2
http//www.wikiphedia.com
3
http//www.abyssinialaw.com

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In Europe, Admiralty Court is found and the court also has same jurisdiction over the
maritime affairs. Ordinamenta et consuetudo maris is a latin English which means
Ordinances and Custom of the Sea. It’s a convention governing maritime trade and commerce
disseminated at Trani (a seaport of Apulia, in southern Itay, on the Adriatic Sea) in 1063. It is
called the code of maritime law and the oldest existing law of the western Latin.
In England, Admiralty court was established in 1360s when Edward III is in power. There
were found three admiralty court which are presided by admirals having jurisdiction over
waters of north, south and west of England .until 1483, three local admiralty courts exercised
its power and after 1483, these courts are compounded into a single court named as the High
Court of Admiralty administered by the Lord High Admiral of England4
. The Lord High
Admiral exercised an absolute power to appoint judges for the court, and also has a removal
power of the judge at his will. This is amended in 1673. By this time, appointment of judges
is vested with the purview of the Crown. In 1689, Judges have given an annual stipend and a
degree of tenure, holding their post subject to healthy and efficacious delivery of their duties
rather than at the Lord High Admiral's pleasure. In time of French and Indian War(1754–63),
Admiralty Courts became an issue that was a part of the rising tension between the British
Parliament and their American Colonies5
. A Proclamation is declared in 1763. With the
declaration, Courts are given jurisdiction over a number of laws diffused to the colonies of
Britain. In 1875, the High Court of Admiralty governing England and Wales was absorbed
into the new Probate, Divorce and Admiralty (or PDA) Division of the High Court. When the
PDA Division was in turn abolished and replaced by the Family Division, the "probate" and
"admiralty" jurisdictions were transferred to, respectively, the Chancery Division and to the
new "Admiralty Court" (a subset of the Queen's Bench Division of the High Court)6
. Strictly
speaking, there was no longer an "Admiralty Court" as such, but the admiralty jurisdiction
allocated by the Senior Courts Act 1981 was (and is) exercised by the Admiralty Judge and
other Commercial Court judges authorized to sit in Admiralty cases. When these judges sat, it
became convenient to call the sitting the Admiralty Court. Now, Admiralty Court exercised
its jurisdiction by the High Court of Justice of UK. The admiralty laws which are applied in
this court is based on the Law of the Sea, with statutory and common law. The Admiralty
court is now located in the Rolls Building.
Admiralty Court In Indian Sub-Continent:
Throughout the world, the 'admiralty jurisprudence' system was brought by British settlers
along with common law and equity, and charts for the administration of the maritime law
were commissioned in almost all the colonies7
. In Indian sub-continent, Admiralty
jurisdiction is being exercised by The High Courts. The Jurisdiction of the High Court of
Admiralty in England had grown in the 19th Century due to the growth of British maritime
commerce through the Act of 1840 and the Act of 1861 and this extension of the jurisdiction
of the High Court of Admiralty in England was made applicable to the Courts in British India
4
Senior. W ‘The mace of The Admiralty Court’, The Mariner’s Mirror. 10(10)52.
5
http//www.wikipedia.
6
http//www.wikipedia
7
Law commission report on Admiralty Jurisdiction 1994(151) page no.06

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after 1862. In order to bring about a uniformity between the jurisdiction of the High Court of
Admiralty in England and the jurisdiction of the High Courts of Admiralty in India as well as
in other British possessions, the British Parliament enacted the Colonial Courts of Admiralty
Act of 1890 thereby providing that the Legislature of British India may declare certain Courts
to be Colonial Courts of Admiralty and the Courts so declared shall have the Admiralty
jurisdiction as was exercised by the High Court of Admiralty in England under any statute or
otherwise. Admiralty jurisdiction was for the sake understanding referred to as explained in a
previous act i.e., Section 35 of the Admiralty Courts Act, 1861, reads that “The jurisdiction
conferred by this Act on the High Court of Admiralty may be exercised either by proceedings
in rem or by proceedings in personam’’8
The Judicature Act of 1873, which came into force in 1875, merged the High Court of
Admiralty with the High Court of Justice, causing a fusion of Admiralty Law, Common law
and Equity. The provisions of the 1861 Act limiting jurisdiction of the Admiralty Court to the
claims in respect of inward cargo was discarded by the Administration of justice Act. This
Act extended the jurisdiction of the High Court to:
(a) any claim arising out of an agreement relating to the use or hire of a ship;
(b) any claim relating to the carriage of goods in any ship; and
(c) any claim in tort in respect of goods carried in any ship9
.
The scope and nature of the Admiralty jurisdiction exercised by the High Courts in India
have been examined and ascertained in Kamlakar v. The Scindia Steam Navigation Co. Ltd10
, National Co. Ltd. v. M. S. Asia Mariner11
, MV Elisabeth-v- Harwan Investment & Trading
Pvt Ltd12
. , amongst other decided judgments. Owing to these cases, it is a well-established
the High Courts of Bombay, Madras, and Kolkata have exclusive jurisdiction over torts
committed on the high seas, particularly in respect of damage caused by a ship to any person
or property. These courts can also institute proceedings in rem or in personam to recover
compensation in respect of the damages Caused by torts. The High Courts also have an
exclusive jurisdiction to entertain an action in personam where proceedings in rem could
have been taken.
Admiralty Court in Bangladesh:
In 14 August 1947, Indian Sub-continent is partitioned as two nations i.e Pakistan and India.
Bangladesh became a part of Pakistan and by dint of inheritance, All laws enacted by British
accepted in the newly independent Pakistan. The High Court of Bengal (Order) 1947
promulgated under the provisions of section 9 of the Indian Independence Act, 1947
8
Section 35 of Admiralty Court Act 1861.
9
Law Commission Report on Admiralty Jurisdiction 1994 (151), page no-11.
10
Kamalakar Mahadev Bhagat vs Scindia Steam Navigation Co. Ltd. on 5 August, 1960,AIR 1961 Bom 186,
(1960) 62 BOMLR 995
11
National Co. Ltd. v. M. S. Asia Mariner, LAWS(CAL)-1967-4-4
12
Ibid 7

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providing for establishing a separate High Court for East Pakistan as the High Court of
Judicature of East Bengal at Dhaka13
. All powers and jurisdictions vested upon the High
Court of East Pakistan. After independence of Bangladesh in 1971 the Acting President
promulgated the Laws Continuance Enforcement Order, 1971 by which all laws that were in
force in Bangladesh on 25th March, 1971 continued to be so in force.
Admiralty Court Act 2000:
The Admiralty Court 2000 (Act No. 43 of 2000) is enacted to dissolve all maritime disputes.
All the laws ie The Courts of Admiralty Act 1891 (Act No: XVI of 1891), The Admiralty
Court Act 1840 and The Admiralty Court Act 1861 are repealed by The Admiralty Court Act
200014
.
Establishment of the Admiralty Court:
The High Court Division of The Supreme Court of Bangladesh shall be a court of first
instance of maritime dispute. The Act empowers the High Court Division to determine and
settle the dispute arises from all kinds of maritime dispute. Section 3(1) of The Admiralty
Court Act 2000 ensure the power of The High Court Division. Every suit under the Admiralty
Court Act shall be brought before, heard and disposed of by a bench of Single Judge of the
High Court Division in its Admiralty Jurisdiction15
. The Chief Justice of The Supreme Court
of Bangladesh , if thinks necessary, may constitute a Bench of two or more judges to hear and
dispose of any suit brought under the Admiralty Court Act 2000.
Jurisdiction of Admiralty Court:
As the court of first instance, The High Court Division of The Supreme Court of Bangladesh,
exercises the power to settle the dispute arises from maritime transection. Section 3(2) of The
Admiralty Court Act 2000 ascertained the specific disputes.
a. Claim for possession or ownership of a ship:
Any claim to the possession or ownership of a ship or to the ownership of any share therein
or for recovery of documents of title and ownership of a ship, including registration
certificate, log book and such certificates as may be necessary for the operation or navigation
of the ship.
b. Conflict between the Co-owners:
Any question arising between the co-owners of a ship as to possession, employment or
income of that ship.
13
Section 9 of Indian Independence Act 1947.
14
Section 12 of The Admiralty Court Act 2000.
15
Section 8 of the Admiralty Court Act 2000.

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c. Claim for Mortgages:
Any claim in respect of a mortgage of or charge on a ship or any share therein.
d. Claim for damage done by ship:
Any Claim for damage done by ship.
e. Claim for damage received by ship:
Any claim for damage received by a ship.
f. Claim for loss of life or personal injury:
Any claim for loss of life or personal injury sustained in consequence of any defect in a ship
or in her apparel or equipment, or of the wrongful act, neglect or default of the owners,
charterer or persons in possession or control of a ship or of the master or crew thereof or any
other persons for whose wrongful acts, neglects or defaults the owners, charterers or persons
in possession or control of ship are responsible, being an act, neglect or default in the
navigation or management of the ship, in the loading, carriage or discharge of goods on, in or
from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the
ship.
g. Claim for damage or loss of goods:
Any claim for loss of or damage to goods ie cargo carried in a ship.
h. Conflict relating to agreement:
Any claim arising out of any agreement relating to the carriage of goods in a ship or the use
of or hire of a ship.
i. Claim for salvage:
Any claim in the nature of salvage of life from a ship or cargo or any property on board a ship
or the ship itself or its apparel, whether services were rendered on the high sea or within
territorial waters or inland waters or in a port, including any claim arising by virtue of the
application by or under section 12 of the Civil Aviation Ordinance, 1960, (Ordinance XXXII
of 1960) of the law relation to salvage to aircraft and their apparel and cargo.
j. Claim for towage:
Any claim in respect of towage of a ship or an aircraft.
k. Claim for pilotage:
Any claim in respect of pilotage of a ship or an aircraft.

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l. Claim for goods or materials:
Any claim in respect of goods or materials supplied to a ship for her operation or
maintenance.
m. Claim for construction of ship:
Any claim in respect of construction, repair or equipment of a ship or dock charges or dues.
n. Claim for wages:
Any claim for wages of a master or member of the crew of a ship or any claim for any money
or property recoverable as wages of master or member of the crew under the Merchant
Shipping Ordinance, 1983.
o. Claim for disbursements:
Any claim for disbursements made on account of or for the purpose of a ship by the Master,
shipper, charterer or agent of the ship.
p. Claim for general average:
Any claim arising out of an act which is or is claimed to be a general average act.
q. Claim for bonds:
Any claim arising out of bottomry or respondentia bond.
r. Claim for forfeiture or condemnation of ship:
Any claim for forfeiture or condemnation of a ship or of goods which are being or have been
carried, or have been attempted to be carried, or for the restoration of a ship or any such
goods after seizure, or for droits of admiralty together with any other jurisdiction to grant
reliefs as are provided under the provisions of the said Ordinance or any other jurisdiction
which was vested in the High Court Division as a Court of Admiralty immediately before the
commencement of this Act and any other jurisdiction as to any matter in connection with
ships or aircraft which has by custom been exercised by the High Court Division as a Court
of Admiralty.
s. Dispute relating to account or share of the ship:
The jurisdiction of the Court of Admiralty in case of a ship including power to settle any
account outstanding and unsettled between the parties in relation to the ship, and to direct that
the ship, or any share thereof, shall be sold, and to make such other order as the Court thinks
fit16
.
16
Section 3(3) of the Admiralty Court Act 2000.

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t. Reference relating to disputes the nature of salvage in territorial sea:
The reference in sub-section 2(i) of the Admiralty Court Act 2000 to claim in the nature of
salvage includes a reference to such claims for services rendered in saving life from a ship or
an aircraft of in preserving cargo, apparel or wreck as, under any law for the time being in
force, are authorized to be made in connection with a ship or an aircraft17
.
The preceding provisions relating to the jurisdiction of admiralty court shall apply-
(a) in relation to all ship or aircraft, whether Bangladeshi or not and whether
registered or not and wherever the residence or domicile of their owners may
be;
(b) in relation to all claims, irrespective of the place of claim, claims relating to
salvage or cargo or wreck or cargo or wreck found on the ground; and
(c) in relation to mortgage and charge, to all legal and equitable mortgages or
charges, including mortgages and charges created under foreign law whether
registered or not18
.
It is to be noted that nothing shall be applicable to money or property recoverable
under the Admiralty Court Act 2000.
Mode of Institution of Suit in Admiralty Court:
A suit can be instituted in the admiralty court either,
1. Action in personem: An action against the owner or other persons interested in
the vessel (either ship or aircraft), who is personally liable for the cause of the
suit. The personal properties of the defendant, either movable or immovable
including the vessel, shall be sold in a proceeding in personem. Or,
2. Action in rem: An action against the vessel (either ship or aircraft), in which the
vessel itself is liable for the cause of the suit and thereby liable to be arrested in
order to protect the interest of the plaintiff in the suit and sold in execution of the
decree. In an action in rem, the vessel may be sold in order to satisfy the plaintiffs
claim.
Settlement of disputes under HCD as an Admiralty Court:
Determination of Action in Rem:
In all cases, The High Court Division has a power to exercise its jurisdiction as an action in
rem but subject to provision of section 5 of Admiralty Court Act. To determine jurisdiction in
an action, there must be fulfilled the following conditions set out in section 4 of the said Act.
a. The person has beneficial ownership over all the shares of the ship, or
b. The person has under the beneficial ownership.
17
Section 3(4) of the Admiralty Court Act 2000.
18
Section 3(5) 0f the Admiralty Court Act 2000.

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Clause (a), (b), (c) & (r) of sub section 2 of section 3 gives the power to exercise as an action
in rem. In other matter , all cases must be brought as an action in personam.
Determination of Action in Personam:
All claims mentioned in clauses (d) to (q) of section 3(2) , suits must be brought in action in
personam. Section 5 of the said Act ensured the jurisdiction wholly in action in personam in
case of collision or similar cases. To bring a suit before the Court, the following condition
must be ensured.
a. The ordinary residence or place of business of the Defendant is in Bangladesh, or
b. The cause of action arises in the inland or territorial waters of Bangladesh or within
the limits of a port of Bangladesh, or
c. Any action arising out of same incident or series of incident is pending in the court or
the suit has been decided after hearing.
Institution of Suit with plaint:
As a suit of civil nature, admiralty suit must be brought within the Code of Civil Procedure.
Section 26 of the Code of Civil Procedure 1908 described that Every suit shall be instituted
by the presentation of a plaint or in such other manner as may be prescribed. In Admiralty
Court Act 2000, this provision is included in section 6. A suit shall be instituted in the
Admiralty Jurisdiction of the High Court Division as the Court of Admiralty by a plaint
framed, signed and verified. The provisions regarding this, The Code of Civil Procedure 1908
shall be applicable.
Court Fees for Maritime Action:
To bring a suit before Admiralty Court must be given a specified court fee. The provisions of
the Court Fees Act 1870 (Act VII of 1870) shall apply mutitus mutandis to all kinds of action
in rem or action in personam suits or claims, brought in the Admiralty Jurisdiction of the
High Court Division19
. It is also provided an exception in the same Section. In the case of all
cases except the” Claim for Wages”20
the maximum court fees shall not more than 1 lac taka
but any suit brought for “Claim for Wages”21
, court fees shall be 1( one) hundred taka only. It
is to be noted that 15% VAT shall be included in all court fees.
Procedure for Ship Arrest and Release in Bangladesh:
Arrest of ship is a very particular characteristic of admiralty law. It’s a pre-trial remedy and a
very important for a maritime creditor. Arrest of ship means “the detention of a ship by
judicial process to secure a maritime claim”. The maritime claim under admiralty law
generally covers all causes of actions relating to ships and carriage of cargo and may further
19
Section 7 of The Admiralty Court Act 2000.
20
Sub clause (n) of Section 3(2) of the Admiralty Act 2000.
21
ibid

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cover matters ancillary to shipping. Having an original jurisdiction of the High Court
Division under section 8 of the said Act, a party aggrieved intending to arrest a ship in
Bangladesh must be complied with two tests. Firstly, he has to satisfy the court that his claim
falls within one or more of the categories explained in section 3(2) of the Act. Secondly, the
claimant must satisfy the court that an action in rem may be brought for such claim. Power to
arrest of vessel conferred upon the HCD and it is given a power to release of the arrested
vessel with prior submission of security in a form of Banker’s Guarantee.
Appeal to the Appellate Division:
There shall be no appeal from any order or judgment of the Judge except on a question of
law, and then only by his leave22
. It is clear that appeal can be brought only on question of
law and with a leave to appeal. Article 103 of the Constitution of the People’s Republic of
Bangladesh provides the provision regarding the Appeal from High Court Division. The
Appellate Division shall have jurisdiction to hear and determine appeals from judgments,
decrees, orders or sentences of the High Court Division. According the Article, anyone
aggrieved by a decision of the Admiralty Court may file an appeal before the Appellate
Division of the Supreme Court.
Findings:
Bangladesh currently possesses few laws governing shipping or maritime affairs. There are
also a number of rules and regulations affecting this field. The maritime sector is governed by
The Bills of Lading Act 1856, The Carriage of Goods by Sea Act 1925, The Merchant
Shipping Ordinance 1983, The Marine Fisheries Ordinance 1983, The Ports Act 1908, The
Customs Act 1969 and Other general statutes along with the general principles of law such as
the law of torts and public and private international law etc. Additionally, there are many
areas in the sector where there are no laws at all. For example, there is no law on maritime
priority, marine insurance, marine pollution, collision, salvage, towage etc. Due to the
absence of legislation on many issues, Bangladesh tends to follow English enactments by
judicial reference.
22
Rule 59 of the Admiralty Court Rules 1912.

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Recommendations:
As a maritime nation, Bangladesh has a great influence over the maritime economy. To
dissolve the maritime disputes , the following recommendation should be taken in
consideration.
 Number of Admiralty Court must be increased.
 Marine Legislation ie Marine insurance, marine pollution, collision, salvage, towage
etc must be promulgated
 Circuit Court should be established in Chittagong Port and Mogla Port, Bagerhat to
take a prompt decision.
 Admiralty Bar Association should be established.
Conclusion:
Admiralty Court is a special Court established under the Admiralty Court Act 2000. The
court has a special jurisdiction over the maritime disputes. It has a very influence over the
maritime disputes. As an independent bench of high court division, the Court delivers
direction to the parties.

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Bibliography
1. Admiralty Court Act 2000 (Act No 43 of 2000)
2. Admiralty Court Rules 1912.
3. Maritime Law by Cristopher Hill, 6th
edition published by informa law from
Routledge.
4. The Civil Aviation Ordinance, 1960, (Ordinance XXXII of 1960)
5. The Code of Civil Procedure 1908 (Act No.V of 1908)
6. The Court Fees Act 1870 (Act No. VII of 1870)
7. The Merchant Shipping Ordinance, 1983.
8. The Development of Admiralty Jurisdiction and Practice since 1800 by F.L Wiswall
Jr. Published by Cambridge University Press
9. The Constitution of the People’s Republic of Bangladesh.