How can a court arrest a vessel during an in rem proceeding?

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Maritime law Justinian I, detail of a mosaic, 6th century; in the Basilica of San Vitale, Ravenna, Italy.

In an in rem proceeding, a court may arrest a vessel, cargo, or freight to secure a claim based on a maritime lien. This process treats the vessel as a personified entity that can be held responsible for maritime torts, such as collisions or personal injuries, as well as for salvage services or breaches of maritime contracts.1

Once arrested, the property is held in the custody of the court. The owner can obtain the release of the vessel by posting a bond or providing other security acceptable to the plaintiff or required by law. In many cases, owners choose to post security before an arrest occurs to avoid having the property taken into custody.1

If the plaintiff wins the judgment, they recover from the posted security. If no security was provided, the court may order the property sold to satisfy the judgment. A significant advantage of this process is that an admiralty court sale divests the ship of all pre-existing liens, providing a clear title to the purchaser, unlike a standard execution sale.1