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To arrest a yacht in the Netherlands, a creditor needs leave from the provisional relief judge for a conservatory arrest (conservatoir beslag), which freezes the yacht before judgment (Article 700 Dutch Code of Civil Procedure). The owner can seek release against security or in kort geding. As a Dutch lawyer at MAAK Advocaten in Amsterdam, I can act for the creditor or for the owner.
This article covers arrests by private creditors, not sanctions or customs seizures. For the general rules, see our page on conservatory arrest in the Netherlands.
Who arrests a yacht in the Netherlands, and why?
A creditor whose claim is connected to the yacht or its owner, for example a yard with an unpaid refit bill, a seller, a buyer who wants his deposit back, or a financier.
Dutch law treats a yacht, motor or sail, as a ship: anything that by its construction is intended to float, and floats or has floated (Article 8:1(1) Dutch Civil Code). The special rules for ship arrest therefore apply to it (Articles 728 to 728b Dutch Code of Civil Procedure).
A yard that still holds the yacht can refuse to hand it over until it is paid: its right of retention (retentierecht, Article 3:290 Dutch Civil Code). That right generally ends once the yacht comes back into the owner’s hands (Article 3:294). From then on, the yard can consider an arrest.
How do you get leave to arrest a yacht?
You file a petition with the provisional relief judge (voorzieningenrechter), signed by a Dutch advocaat. The judge decides after a summary review and sets the amount for which leave is granted, including costs.
The petition must state the type of arrest, your claim and its (maximum) amount (Article 700(2)). Unless it is filed with the sub-district judge, an advocaat signs it (Article 278(3)). Two points make a yacht arrest easier than an arrest of other movables:
- Choice of judge. Besides the judge where the yacht lies, the judge where it is expected and the judge in Rotterdam can grant leave (Article 728(1)).
- No fear of disappearance. You do not have to show a well-founded fear that the yacht will be removed. That requirement of Article 711(1) does not apply to ships (Article 728(1)).
As with any conservatory arrest, the judge can allow it to be levied on all days and at all hours (Article 700(2)).
The judge can make leave conditional on security for damage the arrest may cause (Article 701(1)). Parties must also state the relevant facts fully and truthfully; if they do not, the judge may draw the conclusions it sees fit (Article 21).
When a client calls because a yacht is about to leave, every day counts. I start three things at the same time:
- We put the claim on paper: contract, invoices, correspondence, and an honest account of what the other side says.
- I file the petition, if needed with the judge where the yacht is expected or in Rotterdam.
- The bailiff is ready to board as soon as leave is granted.
What happens when the bailiff boards the yacht?
The bailiff levies the arrest on board and can place a custodian there and take the measures needed to stop the yacht from leaving. The owner is served with the arrest report, the petition and the leave.
Those are the rules for ships in Article 564(1) and (3), which also govern a conservatory arrest (Article 702; for Articles 566 and 567, Article 728a(1)). Whether the yacht is registered (teboekgesteld) in the Dutch public registers makes a difference:
| In the Dutch registers | Not in the Dutch registers (including a foreign register) | |
|---|---|---|
| Sale or charter after the arrest | Cannot be invoked against the creditor once the report is registered (Art. 566) | Idem, once the report is served (Art. 567) |
| Main action not brought in time | Arrest lapses; creditor must also have the registration recorded as void (Art. 728b) | Arrest lapses (Art. 700(3)) |
Which deadline applies after a yacht arrest?
Unless the main proceedings are already pending, the creditor must start them within the period the judge sets, at least eight days after the arrest. If the creditor misses it, the arrest lapses.
The creditor can ask for an extension before the period expires (Article 700(3)).
The main case can be in another EU Member State. If its courts decide the merits, you can still ask a Dutch court for protective measures under Dutch law (Article 35 Brussels I-bis Regulation).
For a creditor, two points matter. The petition also states the other side’s defence, because leaving it out can be used against you later. And the deadline for the main action goes in the diary on the day of the arrest.
Does the 1952 Arrest Convention limit a yacht arrest?
Only for a sea-going yacht flying the flag of a state that is party to it. Such a yacht can only be arrested for a “maritime claim”, unless a creditor based in its flag state arrests it there. A repair claim is one.
The International Convention relating to the arrest of sea-going ships (Brussels, 1952) is listed on wetten.overheid.nl as in force since 20 July 1983. It concerns sea-going ships (title and preamble) flying the flag of a party state (Article 8(1)). Article 2 limits arrest to the maritime claims in Article 1(1), such as construction, repair or equipment, title disputes and a ship mortgage. That limit does not apply to an arrest in the flag state by a creditor based there (Article 8(4)). For a non-party flag, any claim for which Dutch law allows arrest is enough (Article 8(2)). Before filing, we check the yacht’s type and flag, and whether your claim is on the list.
Is a yacht you have a claim on about to leave the Netherlands, or is your own yacht under arrest? Talk to our yachting lawyers in the Netherlands.
As a buyer, should you arrest the yacht or the seller’s bank account?
It depends on what you want back. If you want the yacht delivered, the yacht itself is the target. If you want your money back from a Dutch yard or seller, a pre-judgment arrest of assets, its bank account, can be more direct.
A party entitled to delivery of a movable thing can arrest it to protect that right (Article 730). In a dispute over a used motor yacht, the buyers from Portugal attached the bank account of the yard that had sold it. The judge did not find their claim clearly unfounded. However, the arrest hit the yard’s business account, and the buyers already had security for a large part of their claim in the form of the yacht. The judge therefore reduced the amount to €175,000. The buyers had to lift the arrest against a bank guarantee on the standard model of the Dutch Banking Association (NVB) (District Court of Amsterdam 14 March 2024, ECLI:NL:RBAMS:2024:2408, paras. 4.3–4.7).
If your claim concerns the yacht and the yacht lies in the Netherlands, I arrest the yacht: it stays where it is and cannot simply be sold. If you are a buyer claiming money from a Dutch yard, I look at its bank account first. Either way, I weigh what the arrest does to the other side, because the judge will.
How do you get an arrested yacht released?
By providing sufficient security for a money claim, or by asking the provisional relief judge in kort geding to lift the arrest. The judge can lift it if formalities were breached, the claim appears unfounded on a summary review, or the arrest is unnecessary.
Those grounds are in Article 705(2), “among others”; the judge also weighs both parties’ interests. The party seeking release must make it plausible that the claim is unfounded (District Court of Gelderland 17 January 2017, ECLI:NL:RBGEL:2017:959, para. 4.2; Amsterdam, 14 March 2024, para. 4.2). A bank guarantee on the NVB model is, as a starting point, sufficient security (Amsterdam, 14 March 2024, para. 4.7).
- Release refused: a man who had worked on a 24-metre sailing yacht since 2016 attached the bank balance of its former owner, which according to the owner was his share of the sale price. The owner could not show that the claim was unfounded (District Court of Amsterdam 9 November 2021, ECLI:NL:RBAMS:2021:6394, paras. 4.4–4.12).
- Release on conditions: arrests on two inland vessels were to be lifted once security was given. A third ship had been allowed to keep sailing; that arrest would be lifted if the creditor converted it into one that stops the ship (Gelderland 2017, paras. 2.11 and 4.10–4.11).
I start from your goal: sail, sell or win the argument. If you want to leave, I would first offer a bank guarantee for the leave amount. If the claim is wrong or far too high, I ask the judge to lift the arrest or reduce the amount. If the amount is reduced, the security you must give becomes smaller.
For a creditor: with a private yacht that might leave, a full arrest is the point. For a yacht that is chartered out, letting it keep sailing, or agreeing security quickly, keeps the relationship workable.
As the claimant in kort geding, the owner must act through an advocaat (Article 79(2)); see how Dutch summary proceedings work. An appeal against the judgment must be lodged within four weeks (Article 339(2)).
Example: an arrest before the crossing
Suppose a British owner has his motor yacht refitted at a Dutch yard and moves it to a marina after part payment. The day before his crossing, a bailiff boards with leave obtained by the yard. This is an illustration, not a real case.
He offers a bank guarantee for the leave amount. If the yard accepts it, or the judge lifts the arrest against it, he can sail. The dispute about the invoice continues in the main proceedings, where he can still raise his objections.
When do you need a Dutch lawyer?
As soon as you know a yacht you have a claim on may leave, or as soon as a bailiff has been on board your yacht. The petition for leave and the kort geding for release both go through a Dutch advocaat.
As a Dutch lawyer at MAAK Advocaten, I use the first days to put the documents in order and test the claim or the arrest. Then I propose security that either frees the yacht or protects your claim. If that fails, I bring or defend the kort geding and the main proceedings, at first instance and on appeal. If the conflict is about the build or refit itself, read about a yacht dispute with a Dutch yard.
Before the provisional relief judge in Amsterdam, I acted, with a colleague, for a company whose bank balance had been attached; no ship was involved. The judge did not lift the attachment. However, it reduced the amount, so that substitute security became easier to provide (District Court of Amsterdam 2 May 2024, ECLI:NL:RBAMS:2024:2569, para. 4.13).
What are the first steps in a yacht arrest?
Start from your goal: the claim secured, or the yacht free. As a law firm in Amsterdam, we work in four steps for creditors and owners.
- Review the contract, invoices and messages, and the leave if an arrest has been levied.
- File the petition for leave, or propose security for release.
- If needed, bring or defend the kort geding.
- Settle the claim by agreement or in the main proceedings, at first instance and on appeal.
Frequently asked questions
Can you arrest a yacht in the Netherlands before judgment?
Yes. With leave of the provisional relief judge, a creditor can arrest a yacht as security for a claim (Article 700 Dutch Code of Civil Procedure). For ships, the creditor need not show a fear that the yacht will be removed (Article 728(1)).
Which Dutch court grants leave for a yacht arrest?
The provisional relief judge of the district court where the yacht lies, where it is expected, or in Rotterdam (Articles 700(1) and 728(1) Dutch Code of Civil Procedure).
How long does a yacht arrest last?
Until it is lifted, lapses or becomes an enforcement arrest. It becomes one once an enforceable judgment is served on the owner. It lapses if a final judgment rejects the claim (Article 704) or the main proceedings start too late (Article 700(3)).
How can an owner get an arrested yacht released?
By providing sufficient security for a money claim, such as a bank guarantee, or by asking the provisional relief judge in kort geding to lift the arrest, for example because the claim appears unfounded or the arrest is unnecessary (Article 705(2)).
Does the 1952 Arrest Convention apply to my yacht?
Only if it is a sea-going ship flying the flag of a state party to the Convention. Arrest is then limited to the listed maritime claims (Articles 2 and 8(1)), unless a creditor based in the flag state arrests it there (Article 8(4)).
Primary sources
- Article 21, Article 79, Article 278 and Article 339 Dutch Code of Civil Procedure: truthfulness, representation, petitions, appeal deadline
- Article 564, Article 566 and Article 567 Dutch Code of Civil Procedure: arrest on board; registered and unregistered ships
- Article 700, Article 701, Article 702, Article 704, Article 705, Article 711 and Article 730 Dutch Code of Civil Procedure: conservatory arrest, release, arrest for delivery
- Article 728, Article 728a and Article 728b Dutch Code of Civil Procedure: conservatory arrest of ships
- Article 3:290 and Article 3:294 Dutch Civil Code: right of retention
- Article 8:1 Dutch Civil Code: ships
- International Convention relating to the arrest of sea-going ships, Brussels, 10 May 1952, Articles 1, 2 and 8
- Regulation (EU) No 1215/2012 (Brussels I-bis), Article 35
- District Court of Gelderland (provisional relief judge) 17 January 2017, ECLI:NL:RBGEL:2017:959: arrest of inland vessels, conditional release
- District Court of Amsterdam (provisional relief judge) 9 November 2021, ECLI:NL:RBAMS:2021:6394: work on a sailing yacht, release refused
- District Court of Amsterdam (provisional relief judge) 14 March 2024, ECLI:NL:RBAMS:2024:2408: buyers of a motor yacht, amount reduced, NVB bank guarantee
- District Court of Amsterdam (provisional relief judge) 2 May 2024, ECLI:NL:RBAMS:2024:2569: amount of an attachment reduced
Do you want to arrest a yacht in the Netherlands, or get yours released? Send me the contract and the leave or the invoices: call +31 20 210 31 38 or send your question through our page for Dutch yachting lawyers. — Remko Roosjen
