Arun Kasi & Co | Malaysia | Maritime & Shipping Lawyers

Recent Cases

Kuala Lumpur & London

Key Highlights

  • Multi-Billion Dollar Insolvency: Represented a creditor in the insolvency of an energy giant; successfully arrested the ship, overcame a moratorium after two years of litigation, and secured a judicial sale.
  • Complex Corporate Dispute: Represented a major shareholder of a 1,000-acre tin ore mining company in multi-million dollar disputes involving general meetings and directorship issues.
  • Sanctions & Arrest (Ongoing): Representing a cargo owner in a US$28 million dispute involving ship arrest and US OFAC sanctions under the Iranian trade scheme.

 

Recent Successes

Arbitration & Commercial Disputes

  • Brokerage Commission: Successfully represented a Singapore shipbroker in a US$600,000 claim for commission and defence to a counterclaim regarding the Taipower project.
  • Arbitration Wins: Successfully represented a shipowner in two SCMA arbitrations (heard together) for hire and opex claims totalling US$560,000.
  • Agency Fees: Successfully represented a shipping agent in a US$550,000 dispute over fees and counterclaims in the Taipower project.
  • Cargo & Company Restoration: Successfully represented a cargo owner/insurer in a US$120,000 LMAA arbitration for short landing; matter involved complex steps to restore the deregistered respondent company to the register.
  • Speed-Consumption: Successfully represented a shipowner in a speed-consumption claim in LMAA arbitration, instructed by an IG P&I club.

Admiralty & Collision

  • Summary Release of Vessels: Successfully defended a North African government-linked entity against an in rem claim by a ship management company, summarily obtaining the release of their four vessels from arrest.
  • Allision Defence: Successfully defended a shipowner in a US$200,000 claim regarding a collision with a cruise terminal link bridge.
  • Collision Claim: Successfully represented a fishing boat owner in a US$70,000 claim against a tugboat and barge.
  • Government Settlement: Negotiated a settlement for a state government entity in a US$50,000 Admiralty claim for a collision in a river mouth.

 

Ongoing Representative Matters

  • Crude Oil Shortage: Representing an Indian oil giant and insurers in a US$1.3 million LMAA arbitration for short delivery of crude oil.
  • Insolvency & Lien: Representing a shipping agent in a US$900,000 fee dispute involving liens over containers and competing claims following a liner’s liquidation.
  • Hire Claim: Representing a shipowner in a US$550,000 hire claim against a time charterer in a Brunei ad hoc arbitration.
  • Freight Dispute: Representing a shipowner in a US$180,000 LMAA arbitration regarding freight differences and timber log measurement methods.
  • Cargo Damage: Representing a cargo owner/insurer in a US$110,000 LMAA arbitration for rainwater damage during discharge.

 

Complex Defence & Litigation

  • Appellate Advocacy: Represented a North African government-linked shipping company in a landmark challenge against the enforcement of a US$8 million ICC arbitral award; succeeded in the Court of Appeal on a novel point of law before a final determination at the apex court.
  • Vessel Ownership: Defended a shipowner in an in rem ownership claim against a newly purchased US$20 million vessel.
  • Insurance Defence: Defending an insurer in a US$500,000 marine open cover shortage claim and counterclaiming for refunds.
  • Admiralty Enforcement: Represented a shipowner in the arrest of a charterer’s ship for a US$230,000 claim arising from an unsatisfied arbitration award.
  • Allision Defence: Defended a ship operator in a US$200,000 allision case.

 

Advisory & Transactional

  • Ship Sale and Purchase: Advised an intermediate buyer on a complex back-to-back deal involving US$31 million in transaction value for an under-construction vessel complicated by insolvency.
  • Shipbuilding: Advised a buyer on a US$6 million refund guarantee for a new built yacht.
  • Judicial Sale Proceeds: Advised an owner on a dispute over payment out following a US$5 million judicial sale.
  • Corporate Restructuring: Advised a dredger owner on a complex JV structure for a US$3.6 million vessel sale and Domestic Shipping Licence acquisition.
  • Insurance Coverage: Advised an insurer on a US$1.6 million cargo shortage claim under a Marine Open Cover and Policy.
  • General Average: Advised car owners on General Average following the fire incident on board the Malaysia Star (Dec 2024).
  • Fire Incident: Advised cargo owners on the X-Press Pearl fire incident off Colombo (May 2021).
  • Cargo Claims: Advised an insurer on a US$40,000 shortage claim under a Marine Open Cover.

 

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