The 13th of March 2012 is a landmark date in Malta's aviation history as it represents the day when the first aircraft was arrested by order of the Court of Malta through the issue of a precuationary warrant of arrest to secure claims for payment of funds due in relation to the lease of the aircraft.
The arrest of aircraft is a novel concept which was introduced with the implementation of the Aircraft Registration Act in 2010, since prior to the introduction of the Act, Maltese law restricted arrest to vessels, not to aircraft.
What makes the case even more distinguishable is that the security interest registered against the aircraft was registered in the International Registry in compliance with the Cape Twon Convention which Malta ratified in 2011.
The relevant authority to carry out the arrest was that of Transport Malta. The parties have now come to an agreement and the warrant has been lifted by court order.
