KUALA LUMPUR: Malaysia could become a preferred forum for maritime disputes
if it had an Admiralty Court of international standing, said Chief Judge of
Sabah and Sarawak Tan Sri Richard Malanjum.
“Becoming a forum of choice, just like London, New York and Hong Kong, will take
time and effort, aggressive reforms and getting our act together.
“But by setting up this Admiralty Court now, we are telling the world that we
are lifting the anchor and setting sail,” he said yesterday in his opening
address at a Bar Council forum here.
Since Feb 1, all maritime disputes here go to one High Court but the judge
concerned hears other matters as well.
Since the National Maritime Conference in March, industry players are pushing
for a dedicated admiralty court.
Malanjum said the maritime industry here was trying to stay competitive globally
but that “our laws and underlying support system” may need to be updated.
He suggested that an admiralty court have judges who are specialists in maritime
and shipping law and that they be drawn from lawyers and experts in the legal
fraternity.
Maritime lawyer Jeremy M. Joseph said Malaysia was well positioned for global
shipping. He said a dedicated admiralty court would provide a quick-response
avenue to enforce rights under the law.
Universiti Teknologi Mara law lecturer Dr Irwin UJ Ooi agreed that judges for a
specialist admiralty court be selected from the ranks of the shipping bar,
highlighting the need for at least 10 years' active shipping practice.
Dr Ooi stressed that training of the Admiralty Court personnel was a fundamental
aspect of management of the judicial system.
Echoing this was senior maritime lawyer Sitpah Selvaratnam, who said that in her
17 years of practice, “the problems I have faced with admiralty practice are
rarely encountered in my commercial practice.”
“Without a dedicated admiralty court with specialist judges and a dedicated
admiralty registry with properly-trained staff, Malaysia is not ready to compete
with Singapore or Hong Kong, or to see an increase in admiralty dispute
resolution within Malaysia,” she said.
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Circular No 110/2012: Seminar on Introduction to ICC Arbitration: An Insight into the 2012 ICC Rules
