The Beijing Convention on the Judicial Sale of Ships entered into force on February 17, 2026, after its adoption by the United Nations General Assembly in 2022.
by Blue Africa News
A harmonised and simplified system for recognising judicial sales of ships across borders is now in place, representing one of the most effective mechanisms of enforcing maritime claims.
The United Nations Convention on the International Effects of Judicial Sales of Ships also known as the Beijing Convention on the Judicial Sale of Ships entered into force on February 17, 2026, having been developed by the United Nations Commission on International Trade Law (UNCITRAL), and adopted by the United Nations General Assembly in 2022.
According to comitemaritime.org, a judicial sale of a ship refers to a court-ordered sale, typically via public auction or private treaty under supervision, used to enforce maritime claims, such as mortgage defaults or liens. “It transfers a ‘clean’ title to the purchaser, extinguishing all previous liens, mortgages, and encumbrances,” the site explains.
It became operational after being signed by over 30 states, including 12 African countries. The African nations are: Comoros, Côte d’Ivoire, Senegal, Sierra Leone, Libya, Liberia, Gabon, Ghana, São Tomé and Príncipe, Burkina Faso and the United Republic of Tanzania.
Antigua and Barbuda, Barbados, Belgium, Brazil, China, Croatia, Cyprus, the Dominican Republic, Ecuador, El Salvador, Grenada, Honduras, Italy, Kiribati, Luxembourg, Malta, Panama, Saudi Arabia, Singapore, Spain, Switzerland and Syria are the other countries that appended their signatures in endorsement.
Under the Convention, says the International Maritime Organization (IMO), a judicial sale conducted in one state party is recognised by all other parties, hence granting the purchaser a “clean title,” free from prior debts or maritime claims, and gives new owners confidence that their ship will not be arrested later in a foreign port.
“To ensure transparency, each State where a sale occurs must issue a notice of judicial sale and, as appropriate, a certificate of judicial sale,” IMO says.
As the body charged with the responsibility for the safety and security of shipping and the prevention of marine and atmospheric pollution by ships, IMO plays a key role in implementation by serving as the repository for the judicial sale instruments.
Previously, judicial sales of ships were governed by domestic laws, which varied widely between states. The new treaty now represents a significant modernisation that will reduce risk and friction in vessel transactions.
“By reducing legal risks and removing uncertainty, it helps strengthen the ship market, supports maximum pricing in the market and facilitates smoother international trade,” IMO adds.
Various experts in the shipping industry have welcomed the coming into force of the new convention, hailing it as a landmark moment for international shipping.
“This convention brings greater legal certainty and transparency to cross-border maritime transactions through the IMO GISIS platform, providing shipowners, financiers, and maritime law professionals with a clearer framework to operate confidently,” said Scheyma Djaziri, a maritime governance specialist in a post on LinkedIn.
GISIS refers to the Global Integrated Shipping Information System developed and maintained by the IMO, with a view of allowing on-line access to information supplied to the IMO Secretariat by maritime administrations, in compliance with IMO’s instruments.
It is composed of several sub-systems including modules on various topics, including maritime security, recognized organizations, marine casualties and incidents, port reception facilities, contact points, pollution prevention equipment, piracy and armed robbery and formalities connected with the arrival, stay and departure of persons.
Abdulrasaq Arije, a maritime and security expert, noted that the convention is a “truly transformative” step for global shipping.
“The Convention finally ensures international recognition of judicial sales, reducing legal risk for buyers, financiers, and brokers. With the International Maritime Organization providing transparency via GISIS, this will enhance confidence, liquidity, and efficiency in cross-border vessel transactions,” noted the expert.
“More legal certainty on judicial sales means lower risk for buyers and lenders, improved asset liquidity,” concluded Humberto Palmeira, a regulatory compliance professional.
Oliver Ochieng, Blue Africa News