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Malaysia is a maritime nation and, being at the centre of the growing and developing ASEAN region, is strategically positioned as the gateway to the ASEAN maritime and logistics market.  With this in mind, the Shipping and Admiralty Law Committee (“SALC”) is geared towards making a significant impact in making Malaysia a truly maritime nation.   

Currently, SALC is involved in the following projects:

(1)    Establishment of a specialist and dedicated Admiralty Court
SALC’s hard work in pushing for the establishment of a specialist and dedicated Admiralty Court has paid off.  The Admiralty Court was launched on 30 Sept 2010 by YAA Tun Dato’ Seri Zaki Tun Azmi, Chief Justice of Malaysia.

SALC believes that the setting up of the Admiralty Court would speed up the determination of maritime cases in Malaysia.  With a proper mechanism to adjudicate on maritime cases, Malaysia would be on its way to being a truly maritime nation.

(2)    Talk on “The Court’s Role in Mediating Maritime and Insurance Disputes” by the Honourable Justice K Anantham, Judge, High Court of Malaya
The primary aim of the talk, held on 23 July 2010, was to drive home the point that mediation is being introduced in all courts, not just to resolve, but also to expedite the resolution of, disputes.  This growth of interest in mediation corresponds with the increase in the cost of litigation.  Through mediation, the courts are taking an active role in settling disputes using commercial sense and legal principles.

(3)    Training of court officials on maritime law
SALC and the Judicial and Legal Training Institute (“ILKAP”) will set up a short training programme on maritime law, aimed at familiarising court officials with issues concerning maritime law.

(4)    Enhancement of ship and mortgage protection
SALC is currently working with the Marine Department to discuss the proposed guidelines on the “Registration of Mortgages Against Provisionally Registered Vessels”.  The purpose of the move is to streamline the registration process based on the current requirements of the Marine Department as a template.  A draft was submitted to the Marine Department and it is hoped that a definite and concise set of guidelines for the registration of mortgages will be in place for ship owners in the near future.  

(5)    Review of Fast Track Small Claim Rules 2007 (“Rules”) for maritime arbitration by Kuala Lumpur Regional Centre for Arbitration (KLRCA) and Institut Kelautan Malaysia
SALC will review the Rules and its prescribed forms and once finalised, will hand over the comments to Sundra Rajoo, Director of KLRCA.

(6)    Joint drafting of a Maritime Law Course with an institution of higher learning
SALC is currently considering the Open University Malaysia as a potential partner for a Maritime Law Course.  The course will cover the basic framework of Maritime Law for students, lawyers as well as persons interested in this area of law. 

(7)    Amendment to Arbitration Act 2005
SALC is pushing for the amendment concerning the right to arrest a ship as security for arbitration.

(8)    Proposal to set up a task force on maritime law reform
SALC is proposing that a task force on maritime law reform, comprising representatives from the Ministry of Transport, the Prime Minister’s Department, Attorney General’s Chambers and the Bar Council, be set up to look into potential avenues for reform.

(9)    Publication of the National Maritime Conference papers on the Malaysian Bar website
As a follow-up to the highly successful National Maritime Conference on 8 to 10 Mar 2007, the papers presented at the Conference are now available on the Malaysian Bar website at the following link http://www.malaysianbar.org.my/index.php?option=com_docman&task=doc_details&gid=2837.

Jeremy M Joseph
Chairperson
Shipping and Admiralty Law Committee

Dated 7 Oct 2010       
   

(1)    Jeremy M Joseph (Chairperson)

Members:

(2)    Faizah Jamaluddin
(3)    Fuzet Farid
(4)    G Nanda Goban
(5)    G Rajasingam
(6)    James P David
(7)    Jeevaretnam Valautham
(8)    Mohan Das Nair
(9)    Mathew Kurian
(10)    Shamesh Jeevaretnam
(11)    Sitpah Selvaratnam
(12)    Siva Kumar Kanagasabai
(13)    Vinodhini Benjamin Samuel
(14)    Wan Hilwanie Ariff

Officer-in-charge: Angela Fernandez