Precautionary Arrest of Aircraft

Home Content Chapter 1

Convention
for the Unification of Certain Rules Relating to
the Precautionary Arrest of Aircraft,
Rome, 29th May 1933¹
ARTICLE 1

            The High Contracting Parties agree to take the necessary measures to give effect to the rules esta-blished by this Convention.
ARTICLE 2

            (1) For the purposes of this Convention precau-tionary arrest includes every act, whatever its desig-nation, whereby an aircraft is arrested, in pursuit of a private interest, by the agency of judicial or public administrative authorities, for the benefit either of a creditor, or of the owner or other person entitled to a right in rem over the aircraft, where the party on whose behalf the arrest is effected does not rely upon an immediately enforceable judgment already obtained by ordinary process, or upon any right of seizure equivalent thereto.
            (2) Where the law governing the case gives a creditor, who takes or keeps possession of an aircraft without the consent of the operator, a right to retain it, the exercise of that right is, for the purposes of this Convention, assimilated to precautionary arrest and is subject to the rules contained in this Convention.
ARTICLE 3

            (1) The following are exempt from precautionary arrest:
                    (a) aircraft exclusively appropriated to a state service, including the postal service, but excluding commercial service;
                    (b) aircraft actually in service on a regular line of public transport, together with the indispensable reserve aircraft;
                    (c) every other aircraft appropriated to the carriage of persons or goods for reward, where such aircraft is ready to start on such carriage, unless the arrest is in respect of a contract debt incurred for the purposes of the journey which the aircraft is about to make, or of a claim which has arisen in the course of the journey
            (2) The provisions of this article do not apply to precautionary arrest on the part of an owner dispossessed of his aircraft by an unlawful act.
ARTICLE 4

            (1) In all cases where arrest is not forbidden or where, although the aircraft is immune from arrest, the operator does not invoke such immunity, the giving of a sufficient security avoids precautionary arrest and gives a right to immediate release.
            (2) A security is sufficient if it covers the amount of the debt and costs and if it is appropriated exclusively to the payment of the creditor, or if it covers the value of the aircraft if this value is smaller than the amount of the debt and costs.
ARTICLE 5

            All claims for release from precautionary arrest shall be dealt with by summary and rapid procedure.
ARTICLE 6

            (1) If an aircraft immune from arrest under the provisions of this Convention has been arrested, or if the debtor has been compelled to give security in order to prevent arrest or to obtain a release, the person effecting the arrest is liable in accordance with the provisions of the lex fori, for any damage which results therefrom to the operator or proprietor.
            (2) The same rule applies in the case of a precau-tionary arrest effected without due cause.
ARTICLE 7

            This Convention does not apply to precautionary steps taken in case of insolvency or of breach of customs, penal or police regulations.
ARTICLE 8

            Nothing in this Convention prejudices the appli-cation as between the High Contracting Parties of international conventions providing for a more extensive immunity.
ARTICLE 9

            (1) This Convention is applicable in the territory of each of the High Contracting Parties to all aircraft registered in the territory of another High Contracting Party.
            (2) The expression “territory of a High Contracting Party” includes every territory under the sovereignty, suzerainty, protectorate, mandate or authority of that High Contracting Party in respect of which the latter is a party to the Convention.
ARTICLE 10

            This Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of the Kingdom of Italy, and of which a certified true copy shall be transmitted by the Government of the Kingdom of Italy to each of the interested Governments.
ARTICLE 11

            (1) This Convention shall be ratified. The instru-ments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of the Kingdom of Italy, which shall notify their deposit to each of the interested Governments.
            (2) When five ratifications have been deposited, the Convention shall come into force between the High Contracting Parties who have ratified it ninety days after the deposit of the fifth ratification. Each ratification subsequently deposited shall take effect ninety days after deposit.
            (3) The Government of the Kingdom of Italy shall notify each of the interested Governments of the date of the entry into force of the Convention.
ARTICLE 12

            (1) This Convention after its entry into force shall be open to accession.
            (2) Accession shall be effected by means of a notification addressed to the Government of the Kingdom of Italy. which will communicate it to each of the interested Governments.
            (3) Accessions shall take effect ninety days after their notification to the Government of the Kingdom of Italy.
ARTICLE 13
            (1) Each of the High Contracting Parties may denounce this Convention by means of a notification to be made to the Government of the Kingdom of Italy, which will at once inform each of the interested Governments thereof.
            (2) Each denunciation shall take effect 6 months after notification and only in regard to the party making it.
ARTICLE 14

            (1) The High Contracting Parties may at the time of signature, ratification or accession declare that their acceptance of this Convention does not apply to all or any part of their colonies, protectorates, overseas territories, territories under mandate, or any other territories under their sovereignty, authority or suzerainty.
            (2) The High Contracting Parties may subsequently notify the Government of the Kingdom of Italy that they desire to render this Convention applicable to all or any part of their colonies, protectorates, overseas territories, territories under mandate, or any other territories under their sovereignty, authority or suzerainty thus excluded by their original declaration.
            (3) The High Contracting Parties may at any moment notify the Government of the Kingdom of Italy that they desire to terminate the application of this Convention to all or any part of their colo-nies, protectorates, overseas territories, territories under mandate, or any other territories under their sovereignty, authority or suzerainty.
            (4) The Government of the Kingdom of Italy shall inform each of the interested Governments of any notifications made in pursuance of the two preceding paragraphs.
ARTICLE 15

            Each of the High Contracting Parties shall have the right, but not before two years from the entry into force of this Convention, to call for the assembling of a new international conference with the object of investigating the improvements which might be made in this Convention. For this purpose such High Contracting Party shall communicate with the Government of the French Republic, which will take the necessary steps to prepare for the conference.
¹ P. Martin E. Martin, Showcross and Beaumont AIR LAW, 4th ed., vol. 2 (London: Butherworth, 1977-1991). The Convention, having received the minimum of five ratification, is in force.
    The ratifying States are Belgium, Brazil, Denmark (excluding Greenland), Germany, Guatemala, Hungary, Italy, The Netherlands (excluding colony), Norway, Poland, Romania, Spain (excluding colony) and Switzerland.
    The adhering States are Algeria, Finland, Haiti, Mali, Mauritania, Niger, Senegal, Sweden and Zaire. Back