War Risk And Geopolitical Turmoil : Charting A Course Through Crisis : Maritime Insights In An Age of War Risk And Geopolitical Upheaval

Join us for this seminar, where a leading shipping and war risks insurance law expert will discuss the impact of increasing geopolitical tensions and war risks on the maritime community, the importance of appropriate war risks insurance to safeguard interests, and the common issues arising from such war risks cover.

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It is a cardinal principle that a carrier who delivers cargo without production of the original bills of lading does so at his own peril. In 4 successive mis-delivery cases and on the back of recent mis-delivery cases in England, the Singapore High Court has however refused to grant summary judgment against the carrier on the basis that the arguments raised against the holder of the bills of lading raise triable issues. Will charterers be further emboldened to instruct carriers to deliver the cargo without presentation of the original bills of lading against discharge letters of indemnity? Will carriers resist mis-delivery claims more vigorously than ever, rather than look towards the charterers’ indemnity? Will trade financiers and banks turn to other forms of security, leaving the bill of lading a relic of the maritime past? At the talk, we will address these issues, with perspectives from Singapore and Malaysia. Do come and join us!

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Chirag Karia QC analyses the legal and commercial limits to the protection provided by letters of indemnity issued by receivers of cargoes and charterers to procure delivery of cargo without production of the original bills of lading. He explores the extent to which the indemnifying party’s obligation in the standard LOI to post security to prevent arrest can be enforced by a mandatory injunction, with particular reference to the Commercial Court’s rulings in the cases arising from the financial collapse of Gulf Petrochem FZC, a large UAE oil and oil products refiner and distributor. Chirag successfully overturned a mandatory injunction requiring his client to post significant security to prevent the arrest of the carrying vessel in a dispute arising from Gulf Petrochem’s collapse.

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Speaker : Chirag Karia QC
Quadrant Chambers

The maritime industry has been hit in recent times with a spate of insolvency related incidents. These include the collapse of Hin Leong Trading (Pte) Ltd, Singapore’s biggest independent oil trader, the 2016 bankruptcy of South Korea’s Hanjin Shipping Co., Ltd and the appointment of judicial managers over ship-builders Otto Marine Ltd.

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The 6th Annual General Meeting (AGM 2021) of the International Malaysian Society of Maritime Law (IMSML) will be held virtually through the zoom platform, streaming live from Kuala Lumpur, Malaysia on Tuesday, 27 April 2021 at 3.00 p.m.

This event will provide attendees with opportunities to develop knowledge and understanding of ship sale and purchase and discusses practical drafting techniques. Even in the best of deals, disputes can arise. Participants can hear and engage an arbitrator who will share his experience in resolving such disputes.

Guest Speaker - Wan Hilwanie

Wan Hilwanie graduated from the London School of Economics and Political Science, University of London with LL.B (Honours) in 1997 and obtained her Certificate of Legal Practice in 1998. She chambered with the firm and was called to the Malaysian Bar in 1999. Wan Hilwanie pursued a master degree and obtained an LL.M in Maritime Law from the University College London in 2003. She is the managing partner of the firm and at the same time attends to most of the firm’s corporate banking documentations (conventional and Islamic), shipping documentations and advisory services, general corporate matters and general conveyancing matters. She focuses mainly on corporate banking work and specialises in shipping law and handles all shipping matters of the firm in particular ship financing, sales and purchase of vessels, shipbuilding contracts and other non-contentious shipping legal work. She is currently a member of the Shipping and Admiralty Committee and Islamic Finance Committee of the Bar Council of Malaysia.

Guest Speaker - Philip Teoh
Philip Teoh has been in legal practice, in Singapore and Malaysia for the past 28 years, handling contentious and non-contentious areas. He specialises in all aspects of Shipping, Transport & Logistics, International Trade,Insurance and Commercial Law, as well as Oil & Gas, Investment and Compliance. He also handles international and crossborder matters. He is an active Arbitrator within and outside Malaysia and accredited with the Asian International Arbitration Centre (AIAC). He also sits in legal advisory committee of FIATA, the International Federation of Freight Forwarders Associations based in Switzerland. He is an adjunct lecturer at BAC Malaysia’s largest law school. He regularly speaks at Industry Conferences within and outside Malaysia. He is also the author of a number of key practitioner texts including Halsbury’s Laws of Malaysia on Conflict of Laws, Shipping and Carriers (Land, Air and Sea), Annotated Merchant Shipping Laws. Malaysian lawyers use his precedent agreements from his book Malaysian Forms and Precedents on Shipping. He is also a regular speaker in Industry Conferences within and outside Malaysia.

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EIS: Ship Sale & Purchase