The Kingdom of Saudi Arabia has signed the draft UN Convention on the International Effects of Judicial Sales of Ships, also known as the Beijing Convention on the Judicial Sale of Ships.
The convention aims to establish a system that makes the judicial sale of ships internationally effective, while preserving the domestic legislation that regulates judicial sale procedures.The Cabinet authorized the minister of commerce and chairman of the National Competitiveness Center, or a deputy, to sign the UN Convention on the International Effects of the Judicial Sales of Ships, at its session held on August 29, 2023.
Vice Minister of Commerce and CEO of the National Competitiveness Center Dr. Eman Al-Mutairi signed the convention in Beijing on Tuesday, SPA reported.The basic rule of the convention is that a judicial sale conducted in one state party which has the effect of conferring clean title on the purchaser has the same effect in every other state party.The convention regime prescribes additional rules which establish how a judicial sale is given effect after completion. The first is a "requirement that the ship registry deregisters the ship or transfer registration at the request of the purchaser". The second is a "prohibition on arresting the ship for a claim arising from a pre-existing right or interest (i.e., a right or interest extinguished by the sale)". The third is the "conferral of exclusive jurisdiction on the courts of the state of judicial sale to hear a challenge to the judicial sale".The Beijing Convention on the Judicial Sale of Ships, adopted by UN General Assembly in December 2022, applies only between the state parties and is not an alternative for other foundations to enforce judicial sales for the state parties.