Shipping & Maritime| ship arrest, release, limitation, dry & wet, etc. | - Arun Kasi & Co | Shipping & Sanctions Lawyers and Arbitrators, Malaysia

Shipping & Maritime

We handle the full range of shipping and maritime disputes, and non-litigious shipping works.

Our Shipping & Maritime team has extensive experience in handling dry and wet shipping work, and admiralty and marine insurance work. We regularly attend ship arrests, releases and limitation actions, and charter dispute arbitrations.

We work in Peninsular Malaysian courts, particularly the Kuala Lumpur Admiralty Court and 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.

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 LMAA, CIArb, SCMA, AIAC, HKIAC and ad hoc arbitrations. Dr. Arun Kasi is an arbitrator in HKIAC list and AIAC panel. Capt. Sushil Shankar is an arbitrator in the SIAC, SCMA, SIArb, DIAC, AALCO-HKRAC, IIAM and AIAC panels, among others.

Our clients include shipowners, operators, charterers, chandlers, cargo owners, brokers, H&M/cargo insurers, P&I clubs, and insureds.

Current cases

Representing a cargo owner (voyage charterer) in a US$28 m cargo dispute, in which the ship was arrested, following the refusal of the ship to deliver the cargo upon the cargo owner being sanctioned by US OFAC under Iranian trade sanctions scheme.
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.
Defending a shipping agent in a US$1 m claim in respect of lien exercised over 200 containers and involving complex questions of insolvency and assignment in Commercial Court.
Representing a subrogated shipowner in a US$1 m LMAA arbitration claim for cargo damage by rainwater.
Defending an insurer in a US$500,000 cargo shortage claim involving complex questions of ICC(A) clauses and estoppel in Commercial Court.
Representing a chandler is a US$500,000 Admiralty Court matter involving complex questions of insolvency.
Representing a shipowner in a US$300,000 LMAA arbitration claim involving a freight claim and complex issues of measurement.
Defending a ship operator in a US$250,000 wet shipping dispute at the Admiralty Court involving an allision.
Representing a shipowner in a US$250,000 hire claim in the Admiralty Court, following successful obtaining of an arbitral award and arrest of the charterer’s ship, and defending the shipowner against the charterer’s claim for wrongful damages.
Representing a subrogated shipowner in a US$200,000 LMAA arbitration claim for shortage.
Representing a fuel supplier in a US$250,000 claim in Commercial Court.
Representing a government owned entity owning a special purpose vessel in a collision claim of US$100,000.

Non-litigious shipping work

We undertake advisory work in relation to various shipping contracts including charterparties, sale and purchase agreements, new-build contracts, and refund guarantees, and domestic shipping licence (DSL) for foreign and local vessels.

We undertake ship registration, deletion, transfer works in traditional ship registries (TSR) in Malaysia, that is Port Klang, Penang, Kuching and Kota Kinabalu, and the Malaysian International Ship Registry (MISR) in Labuan. We also undertake work in Langkawi International Yacht Registry (LIYR).

Links to our guides

Ship arrests and limitation actions in Malaysia – click here.
Speed-Consumption Claims: a Guidebook – click here.
Charterparty – click here.
Collision, pollution, salvage and general average – click here.
Passenger shipping – click here.
Arrest beyond sister ship – click here.
Ship Arrest to enforce an Arbitral Award? – click here.
Merchant Shipping Ordinance 1952 – click here.
Domestic Shipping Licence for foreign ships in Malaysia– the “cabotage” rule – click here.
Time counts, but in which time zone? – 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.
A Revisit to The Ocean Virgo – click here.
WRC or Deck Log? – click here.
‘WOG’ Danger in Speed-Consumption Warranties – click here.
The ‘About’ Margin in Speed-Consumption Warranty – click here.
Hire Deductions and Reductions:
Implications of Resorting to the Self-Help Remedy? – click here.
Time Charter: Speed Claim or Off-Hire Claim? – click here.
Performance Claims under NYPE 1946 and 1993 Forms (Time Charter): Establishing and Extrapolating – click here.