By Vasil Goshev

27 February 2026

 

Introduction

Ship arrest is one of the most effective legal tools for securing maritime claims. For companies engaged in shipping and trade through the Black Sea, understanding how ship arrest works in Bulgaria is essential. This article provides international stakeholders with a practical overview of the legal framework, procedures, and key considerations surrounding ship arrest in Bulgaria.

The Legal Framework for Ship Arrest in Bulgaria

A combination of international and domestic law governs ship arrest in Bulgaria. The primary domestic sources are the Bulgarian Merchant Shipping Code and the Code of Civil Procedure, while the ratification of the International Convention on Arrest of Ships (1999) has aligned Bulgaria with modern international standards. Domestic arrest rules are applied in conformity with Bulgaria’s obligations under the Convention. 

In practical terms, ship arrest functions as a security mechanism, enabling creditors to detain vessels to secure existing or future maritime claims until disputes are resolved or adequate security is provided. Arrest applies to sea-going commercial vessels and is limited to maritime claims recognised under the Convention and Bulgarian law.

The Role of the Arrest Convention

Bulgaria’s ratification of the 1999 Arrest Convention broadened the scope of arrestable maritime claims and aligned its procedures with internationally accepted standards. This alignment enhances legal predictability for foreign claimants and reinforces Bulgaria’s position as a reliable maritime jurisdiction within the EU and the wider Black Sea region.

The Convention defines “maritime claim” broadly and permits the arrest of ships within national jurisdiction regardless of flag, subject to recognised exceptions such as warships or vessels used exclusively for non-commercial government service.

Domestic Regulations and Competent Authorities

The principal domestic instruments governing ship arrest include:

·      The Bulgarian Merchant Shipping Code – This code regulates maritime security measures, ship arrest and release, and implements rules consistent with Bulgaria’s international obligations.

·      The Code of Civil Procedure (CPC) – The CPC governs interim measures, evidentiary requirements, and the court’s authority to grant arrest applications.

·      The Bulgarian Maritime Administration and Harbour Master – Assist with enforcement, including the physical execution of arrest orders and compliance with port and registry formalities.

Under Article 364a of the Merchant Shipping Code, a merchant ship located in a Bulgarian seaport may be arrested only to secure a maritime claim as defined under the 1999 Arrest Convention. The arrest and subsequent release of a vessel is executed by the Harbour Master on the basis of a judicial order.

Types of Maritime Claims

Ship arrest in Bulgaria may arise from a range of maritime claims, strictly limited to those qualifying under the 1999 Arrest Convention and Bulgarian law, including but not limited to:

·      Private maritime claims – such as freight disputes, charterparty breaches, unpaid bunkers or supplies, crew wages, collision damage, and other claims expressly recognised as maritime claims under the Convention.

·      Public-law or government-related claims – including port dues, and other public claims, only where such claims meet the definition of a maritime claim under the Convention and Bulgarian courts accept arrest as a permissible enforcement measure in the specific circumstances of the case.

In practice, Bulgarian courts assess if public or regulatory claims are arrestable restrictively and on a case-by-case basis, with careful scrutiny of the legal basis and the direct maritime nature of the obligation.

In assessing the prima facie merits of a claim, the court examines whether the evidence submitted establishes a credible likelihood that the claim is well-founded, without undertaking a full examination on the merits of the dispute.

An arrest should be granted where, in the absence of such measures, enforcement of a claimant’s rights under a future or pending judgment would be rendered impossible or unduly difficult, provided that: 

1) the claim is supported by persuasive written evidence; or 

2) security is provided in an amount determined by the court in accordance with Articles 180 and 181 of the Obligations and Contracts Act.

Arrest Irrespective of Flag

Bulgarian courts may order the arrest of any qualifying vessel physically located within Bulgarian territorial waters, irrespective of the vessel’s flag.  The decisive factors are the vessel’s presence within the jurisdiction and the identity of a debtor liable for the maritime claim, rather than nationality.

Sister Ships

Under the 1999 Arrest Convention and Bulgarian law, creditors may extend enforcement beyond the vessel directly involved in the dispute. The arrest of sister ships is permitted in cases in which they are owned by the debtor liable for the maritime claim, subject to proof of ownership at the relevant time.

Procedural Timeline

Ship arrest proceedings in Bulgaria are designed to be efficient:

1.        An application is filed with the competent regional court at the vessel’s location.

2.        Supporting documentation is submitted, including evidence of the maritime claim, vessel details, and the debtor’s identity.

3.        The court issues a decision promptly, a few days in urgent cases, subject to judicial assessment.

4.        The arrest order is executed by the Harbour Master in accordance with the court’s instructions.

Once adequate security is provided, commonly in the form of cash, a bank guarantee, or another court-approved instrument, the vessel may be released promptly, subject to harbour and court formalities.

Wrongful Arrest and Counter Security

Bulgarian law provides safeguards against abusive or unjustified arrest. If an arrest is ultimately found to be wrongful, the claimant may be held liable for damages suffered by the vessel owner or operator.

Courts may also require the arresting party to provide counter security, particularly if the arrest could expose the respondent to significant losses. The necessity and amount of counter security are determined at the court’s discretion, balancing creditor protection against the risk of abuse.

Practical Recommendations for International Companies

International stakeholders operating in Bulgaria’s maritime sector should consider the following:

·      Include clear jurisdiction or arbitration clauses in contracts to manage forum-selection risk.

·      Maintain constant access to documentation supporting maritime claims and arrest applications.

·      Anticipate potential counter-security requirements when assessing arrest strategy.

·      Engage experienced local counsel in Varna or Burgas to ensure procedural efficiency and compliance.

Conclusion

Ship arrest in Bulgaria provides creditors with a robust and internationally aligned mechanism for securing maritime claims. Since the Convention entered into force in Bulgaria on 14 September 2011 and following the subsequent alignment of the Merchant Shipping Code, Bulgaria has developed an efficient arrest regime accessible to both foreign and domestic claimants. While safeguards exist to prevent abuse, effective use of ship arrest depends on careful preparation, strong evidentiary support, and knowledgeable local legal representation.

 

Disclaimer

This article is intended to provide a general overview of Bulgarian ship arrest procedures for information purposes only. It does not constitute legal advice and should not be relied upon as a substitute for case-specific legal analysis.

Cases in which vessels are arrestable depend on the precise nature of the maritime claim, the applicable contractual and factual circumstances, and the discretionary assessment of the competent Bulgarian court. International conventions, domestic legislation, and judicial practice may evolve, and outcomes may vary depending on the evidence presented and procedural posture of each case.

Professional legal advice should be sought before initiating or responding to ship arrest proceedings in Bulgaria

To find out more please contact Vasil Goshev at Ivanov & Partners. Contact us at office@ivanov-partners.com

 

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