Reviving Prize Law Would Reshape Maritime Seizure Risks

Maritime attorneys Sean Pribyl and Allison Luzwick co-authored an article for Law360 about the potential revival of prize law, a dormant wartime framework that could reshape how the U.S. handles vessel seizures amid escalating interdictions of sanctioned tankers and shadow fleet vessels. The article contrasts the traditional civil forfeiture model, with its familiar due process protections, burden of proof standards and innocent owner defenses, against the centuries-old prize law regime. Rooted in Article I of the Constitution, under these rules, ownership transfers upon condemnation, the 96-hour military custody limit disappears and international law governs the legality of captures. The authors outline the significant implications for vessel owners, charterers, cargo interests and insurers – including potential war risk coverage triggers and heightened exposure for neutral cargo – and advise stakeholders to review charter party force majeure provisions, confirm war risk insurance triggers, evaluate exposure for vessels trading in affected waters and monitor government signals for an impending shift. Although prize law has not been meaningfully tested since the Spanish-American War, its statutory and constitutional infrastructure remains fully intact, and the time to assess exposure is now.

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