Article contributed by Rajeswari Gunarasa, Officer, and photos by Florence Laway & Md Faizal Mahat, Senior Administrative Assistants, Bar Council
The Bar Council Shipping and Admiralty Law Committee (“SALC”) worked with the Judiciary, the Attorney General’s Chambers, Maritime Institute of Malaysia (“MIMA”), Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) and the International Malaysian Society of Maritime Law (“IMSML”) to produce the Admiralty Court User Guide (“User Guide”).
The User Guide, published by the Bar Council in November 2016, is intended to extend user–friendly assistance on the procedures and processes of the Admiralty Court in Kuala Lumpur, which was established in 2010. It provides succinct information on how to undertake shipping disputes before the Admiralty Court. It also introduces the rudimentary framework of admiralty practice, maritime arbitration and mediation in Malaysia, to both budding practitioners and their clients, with practical pointers derived from the experience of practitioners of maritime law. The User Guide contributes to promoting Malaysia as a transparent and efficient maritime dispute resolution forum.
Drafted from scratch by a small but enthusiastic group from the SALC, with Mathew Kurien, Sitpah Selvaratham and Siva Kumar Kanagasabai as the main contributors, the User Guide took shape under the committed eyes of The Honourable Justice Datuk Nallini Pathmanathan, the first Admiralty Judge.
The launch of the User Guide was held on 16 Nov 2016 at the Banquet Hall, Palace of Justice, Putrajaya and was officiated by The Right Honourable Justice Tun Arifin b Zakaria, Chief Justice of Malaysia. The afternoon also saw the gracious presence of judges, eminent industry leaders and Members of the Malaysian Bar.
The launch began with a welcoming note by The Honourable Justice Datuk Nallini Pathmanathan herself, who highlighted the importance of the User Guide for practitioners and others in the maritime industry. The User Guide, she said, would be an invaluable step towards greater appreciation and participation by the legal fraternity of this area of practice in Malaysia.
In his keynote address, the Chief Justice of Malaysia spoke about the launch of the Admiralty Court six years ago and acknowledged that it was a significant measure in promoting Malaysia as a forum for international maritime dispute resolution. The primary consideration of the courts is to do justice between the parties to a dispute. His Lordship reaffirmed that the Judiciary consistently seeks to transform its structures, systems and processes to facilitate fair, transparent and efficient administration of justice. The User Guide, he said, which sets out with ease and clarity the practice of the Admiralty Court, serves to contribute to transparency and efficiency.
His Lordship highlighted the many distinct areas in the practice of the law, and the dedicated rules of procedure that must be followed. In the case of the Admiralty Court, it is Order 70 of the Rules of Court 2012, coupled with the relevant Practice Directions. The User Guide complements the Rules of Court 2012 by providing practical insights on how the Rules are implemented. It serves to fill gaps in the realities faced by practitioners in court, as well as in the implementation of orders procured. It is also of considerable use to Admiralty sheriffs and bailiffs who execute the orders and warrants issued by the court.
The Vice–President of the Malaysian Bar, George Varughese in his speech said that the publication of the User Guide not only marks another important milestone in the maritime industry and will be invaluable to Members of the Bar, but more, it reveals to the maritime industry the unified efforts made by all sectors to deliver the best system of maritime dispute resolution, that comes from a common understanding of the measures required to address grievances and discord between maritime litigants, in a manner consonant with international expectations and norms. He said that it is of critical importance that the industry sees this co–operation, and appreciates the extent of the commitment poured into achieving this objective. It is for this reason that the User Guide is freely distributed, without cost, to all. He reaffirmed that the Bar and the Bench encouraged industry participation through feedback to the Admiralty Court User Committee to improve further the workings of the Admiralty Court.
The foreword of the User Guide, written by The Honourable Justice Datuk Nallini Pathmanathan, is reproduced below:
The idea of a user guide to the Admiralty Court in Malaysia was first mooted at a shipping conference organised by the Judiciary, at the inception of the formation of the Admiralty Court in Kuala Lumpur, in 2010. Admiralty or maritime law is very much a specialist subject, and the number of advocates and solicitors who practice in this field is small. It was primarily with a view to facilitating access to a larger proportion of the Malaysian Bar, and to encourage more practitioners to venture into this interesting area of the law, that this guide was authored.The User Guide to the Admiralty Court is largely, if not entirely, a work of the specialist Admiralty Bar. Considerable time and thought has been expended in the production of this guide, and it provides a comprehensive and detailed account of the methodology to be adopted in commencing and conducting an admiralty proceeding. Of particular importance are the checklists and procedure detailed in the guide, which are of invaluable assistance to the young or first time practitioner. For example, the drafting, obtaining and execution of a warrant of arrest may well appear to be daunting to those inexperienced in this field, but the guide provides the requisite assurance, by detailing meticulously the important issues that have to be considered and undertaken. While the Guide is premised on the relevant provisions of the Courts of Judicature Act 1964 and the Rules of Court 2012, more specifically Order 70, it explains how these provisions are applied practically in the course of shipping practice.Another notable feature of the User Guide is that it is one of the first, if not the only publication that provides relevant and significant direction on how to undertake shipping work in the Admiralty Court. It is hoped that this guide will be the first of many such publications to assist practitioners in various other fields.The Admiralty Court is still in its infancy. However publications such as this, enhance the quality and standards of our legal profession. This in turn, serves to contribute to the standing of the Admiralty Court that strives to attain a reputation for being a forum that is transparent, fair and efficient.