Arun Kasi & Co | Malaysia | Maritime & Shipping Lawyers

Maritime & Shipping Lawyers
Malaysia

Arbitration

We undertake both domestic and international arbitration work. The members of the team accept appointment as arbitrator and arbitration counsel.

Arbitration counsel and Arbitrator appointment

The team has extensive experience in arbitration work around the world, including at London, Singapore, Malaysia, Hong Kong, New Zealand, India and Brunei, and under the rules of LCIA, LMAA, CIArb, SIAC, SCMA, AIAC, HKIAC and ad hoc arbitrations. Dr. Arun Kasi is an arbitrator in the LCIA database, HKIAC list and the AIAC panel. Rebecca CCT Anderson is an arbitrator in the AIAC, AIADR and VTA panels, SIAC reserve panel, and the lists of ICC UK, among others. Capt. Sushil Shankar is an arbitrator in the SCMA, SIArb, DIAC, AALCO-HKRAC, IIAM and AIAC panels and the SIAC reserve panel, among others.

The range of matters that we undertake arbitration work include shipping (dry and wet), maritime, marine insurance (H&M, P&I and cargo), commodities, international tade, oil and gas (EPCIC), sanctions, and commercial matters.

We also undertake arbitration related litigation including stay of court proceedings in favour of arbitration, applications to the court in the midst of arbitration, enforcement of arbitral awards, challenging arbitral awards, anti-suit injunctions and anti-arbitration injunctions. A landmark case in Malaysia on challenge to a Paris ICC award was CTI Group Inc v International Bulk Carriers SPA [2017] 5 MLJ 314; [2017] 9 CLJ 499 FC, in which Dr. Arun Kasi represented the owner of 4 bulk carriers throughout from the Labuan High Court to the Federal Court with switching decisions on every appeal.

We work in Peninsular Malaysian courts, particularly the Kuala Lumpur Admiralty Court and the Commercial Court. We also undertakes Labuan court matters. For Sabah and Sarawak court matters, we collaborate with Chin Lau Wong & Foo (for Sabah) and Sandhu Lee Goh & Co (for Sarawak).

We undertake work in London Commercial and Admiralty courts by instructing Dr. Arun Kasi, and additionally a local solicitor’s firm in London where necessary. Dr. Arun Kasi regularly appears before both Kuala Lumpur and London courts. Our clients include shipowners, operators, charterers, chandlers, cargo owners, brokers, H&M/cargo insurers, P&I clubs, and insureds.

Current cases

  • Representing a shipowner in a Brunei arbitration claim involving a hire claim of USD$1 m.

  • Representing a shipowner in two SCMA arbitration claims involving a hire claim of US$1 m.

  • Representing a subrogated insurer in a US$1 m LMAA arbitration claim for cargo damage by rainwater.

  • Representing a shipowner in a US$300,000 LMAA arbitration claim involving a freight claim and complex issues of measurement.

  • Representing a subrogated insurer in a US$200,000 LMAA arbitration claim for shortage.

Advisory and drafting work

We undertake advisory and drafting work in relation to jurisdiction, dispute resolution and choice of law clauses.

Links to our guides

  • LMAA Arbitration – click here.
  • Ship Arrest to enforce an Arbitral Award? – click here.
  • Anti-Suit Injunction granted as a matter of course when cargo claim instituted in breach of exclusive jurisdiction clause if foreign proceedings have not advanced too far – forum conveniens is no answer – click here. 

Team

Malaysian Court litigation

 

International Arbitration (Arbitrator & Arbitration counsel)


London Court counsel work

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