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The IMSML Website Articles Series is currently written by IRWIN OOI UI JOO, Professor of Maritime and Transport Law at the Faculty of Law, Universiti Teknologi MARA (UiTM), Shah Alam. The author strives to highlight reported and ‘unreported’ Malaysian cases on Maritime Law, as well as Malaysian Shipping Notices issued by the Marine Department (MARDEP) of Malaysia, in particular implementation of initiatives by the International Maritime Organisation (IMO). When time and space permits, the author has also written on Maritime Law cases reported in the Commonwealth.

2024

IMSML Website Article 54/2024: Resolution MSC.548(107) - International Code of Safety for Diving Operations 2023 (2023 Diving Code)

IMSML Website Article 53/2024: Resolution MSC.188(79)/Rev.2 - Revised Performance Standards for Water Level Detectors on Ships Subject to SOLAS Regulations II-1/25, II-1/25-1 and XII/12

IMSML Website Article 52/2024: Resolution MSC.545(107) - Amendments to the Code for the Construction and Equipment of Mobile Offshore Drilling Units 1979 (1979 MODU Code), Resolution MSC.546(107) - Amendments to the 1989 MODU Code, AND Resolution MSC.547(107) - Amendments to the 2009 MODU Code.

IMSML Website Article 51/2024: Resolution MSC.544(107) - Amendment to the Revised Recommendation on Testing of Life-Saving Appliances, ie Resolution MSC.81(70)

IMSML Website Article 50/2024: Resolution MSC.542(107) - Amendments to the Code of Safety for Special Purpose Ships 1983 (1983 SPS Code), AND MSC.543(107) - Amendments to the Code of Safety for Special Purpose Ships 2008 (2008 SPS Code)

IMSML Website Article 49/2024: Resolution MSC.541(107) - Amendments to PART A of the Seafarers’ Training, Certification and Watchkeeping (STCW) Code

IMSML Website Article 48/2024: Resolution MSC.540(107) - Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) 1978

IMSML Website Article 47/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (PART 7 of 7), THE APPENDICES

IMSML Website Article 46/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (PART 6 of 7), Section 10 - Carriage of Solid Wastes in Bulk, AND Section 11 - Security Provisions

IMSML Website Article 45/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (PART 5 of 7), Section 8 - Test Procedures for Group A Cargoes, AND Section 9 - Materials Possessing Chemical Hazards

IMSML Website Article 44/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (PART 4 of 7), Section 6 - Methods of Determining the Angle of Repose, AND Section 7 - Cargoes which may Liquefy or Undergo Dynamic Separation

IMSML Website Article 43/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (PART 3 of 7), Section 4 - Assessment of Acceptability of Consignments for Safe Shipment, AND Section 5 - Trimming Procedures

IMSML Website Article 42/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (PART 2 of 7), Section 2 - General Loading, Carriage and Unloading Precautions, AND Section 3 - Safety of Personnel and Ship

IMSML Website Article 41/2024: Resolution MSC.539(107) - Amendments to the International Maritime Solid Bulk Cargoes (IMSBC) Code (PART 1 of 7), Section 1 - General Provisions

IMSML Website Article 40/2024: Resolution MSC.538(107) - Amendments to the International Code for Ships Operating in Polar Waters (Polar Code)

IMSML Website Article 39/2024: Resolution MSC.537(107) - Amendments to the International Code of Safety for High-Speed Craft 2000 (ie 2000 HSC Code)

IMSML Website Article 38/2024: Resolution MSC.536(107) - Amendments to the International Code of Safety for High-Speed Craft 1994 (1994 HSC Code)

IMSML Website Article 37/2024: Resolution MSC.535(107) - Amendments to the International Life-Saving Appliance (LSA Code)

IMSML Website Article 36/2024: Resolution MSC.534(107) - Amendments to the Protocol of 1988 relating to the International Convention for the Safety of Life at Sea, 1974

IMSML Website Article 35/2024: Resolution MSC.533(107) - Amendments to the Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974

IMSML Website Article 34/2024: Resolution MSC.532(107) - Amendments to the International Convention for the Safety of Life at Sea, 1974 (Chapter II-1, II-2, V and XIV)

IMSML Website Article 33/2024: Resolution MEPC.367(79) - Encouragement of Member States to Develop and Submit Voluntary National Action Plans to Address GHG Emissions from Ships

IMSML Website Article 32/2024: Resolution MEPC.366(79) - Invitation to Member States to Encourage Voluntary Cooperation Between the Port and Shipping Sectors to Contribute to Reducing GHG Emissions from Ships

IMSML Website Article 31/2024: Resolution MEPC.365(79) - Adoption of 2022 Guidelines on Survey and Certification of the Energy Efficiency Design Index (EEDI)

IMSML Website Article 30/2024: Resolution MEPC.364(79) - Adoption of 2022 Guidelines on the Method of Calculation of the Attained Energy Energy Efficinecy Design Index (EEDI) for New Ships

IMSML Website Article 29/2024: Resolution MEPC.363(79) - Amendments to Resolution MEPC.221(63)

IMSML Website Article 28/2024: Resolution MEPC.362(79) - Amendments to MARPOL ANNEX IV

IMSML Website Article 27/2024: Resolution MEPC.361(79) - Amendments to MARPOL ANNEX VI

IMSML Website Article 26/2024: AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973, AS MODIFIED BY THE PROTOCOL OF 1978 RELATING THERETO, MARPOL ANNEX V, Regional reception facilities within Arctic waters and Garbage Record Book

IMSML Website Article 25/2024: MEPC.359(79), AMENDMENTS TO THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS, 1973, AS MODIFIED BY THE PROTOCOL OF 1978 RELATING THERETO - Amendments to MARPOL ANNEXES I, II and IV, Regional reception facilities within Arctic waters and Form of IOPP Certificate and Supplements

IMSML Website Article 24/2024: AMENDMENT TO REQUIREMENT OF MARINE RISK ASSESSMENT (MRA) FOR SHIPS ACTIVITIES IN MALAYSIAN WATERS

IMSML Website Article 23/2024: IMPLEMENTATION OF THE NEW CHAPTER XV OF THE INTERNATIONAL CONVENTION FOR THE SAFETY OF LIFE AT SEA (SOLAS), 1974, AS AMENDED, AND THE INTERNATIONAL CODE OF SAFETY FOR SHIPS CARRYING INDUSTRIAL PERSONNEL (IP CODE)

IMSML Website Article 22/2024: LIST OF RECOGNISED INSURANCE SERVICE PROVIDERS OR FINANCIAL SECURITY SERVICE PROVIDERS BY MALAYSIA MARINE DEPARTMENT FOR ISSUANCE OF CERTIFICATE FOR INTERNATIONAL CONVENTION CLC 1992, BCC 2001, AND WRC 2007

IMSML Website Article 21/2024: Unicious Energy Pte Ltd v The Owners and/or Demise Charterers of The Ship or Vessel ‘Alpine Mathilde’ [2023] MLJU 2819, The Continuing Saga of US Sanctions

IMSML Website Article 20/2024: Desert Oasis Petrochemical Trading LLC v Pemilik Dan/Atau Pencarter Demis Kapal Atau Vesel Alpine Mathilde Dari Pelabuhan Hong Kong [2023] MLJU 2494, Sham Transactions to Evade US Sanctions, Associated Ship Arrest in South Africa and Wrongful Arrest of the Ship.

IMSML Website Article 19/2024: PBJV Group Sdn Bhd v Asian Kaliber Sdn Bhd & Ors (Synergy Marine (M) Sdn Bhd & Anor, Third Parties) [2023] MLJU 2493 - Admissibility of Investigation and Interim Report Without Procuring the Authors of the Reports

IMSML Website Article 18/2024: FIMBank Plc v The Owners and/or Demise Charterer Ship or Vessel now known as ‘Bao Lai’ [2023] 6 MLJ 563 (FC) - Extension of Writs in Rem Pursuant to the Inherent Jurisdiction of a Court

IMSML Website Article 17/2024: The Owners and/or Demise Charterers of the Ship or Vessel ‘Edzard Schulte’ v The Owners and/or Demise Charterers of the Ship or Vessel ‘Setia Budi’ [2023] 12 MLJ 53 - A Battle Royale between the Personification Theory vs the Procedural Theory

IMSML Website Article 16/2024: Malayan Banking Bhd v Government of Malaysia [2023] MLJU 2015 - Enforcement of a Collateral Contract for Ship Building Against a Party Unjustly Enriched

IMSML Website Article 15/2024: Black Swan Petroleum DMCC v The Owners And/Or Demise Charterers Of The Ship Or Vessel ‘Oceania’ Of The Port Of Antwerp, Belgium [2023] MLJU 3048 - The Alleged Wrongful Arrest of a Vessel Used as a Moored Oil Storage Tanker (MOST) at Sungai Linggi and its Alleged Cargo of Sanctioned Iranian Oil

IMSML Website Article 14/2024: United Overseas Bank Ltd v The Owners and/or Demise Charterers of and/or Other Persons Interested In The Ship or Vessel ‘Limin Rosmina’ (Petronas Carigali Sdn Bhd, Intervener) [2023] MLJU 1322 - Can Bids from the First Round of Tenders for a Ship be Accepted After a Second Round of Bids is Sought?

IMSML Website Article 13/2024: Astimewa Sdn Bhd v Budget Marine Limited & Ors [2023] MLJU 2010 - Part 2 (of 2), Liability, Exclusions, Limitations and Determining the Carrier

IMSML Website Article 12/2024: Astimewa Sdn Bhd v Budget Marine Limited & Ors [2023] MLJU 2010 - Part 1 (of 2), Measurement of Cargo Quantity, Ownership of the Cargo, the Fixture Note and Passage Plan

IMSML Website Article 11/2024: Jumsar (Sarawak) Sdn Bhd v Robin Dockyard & Engineering Sdn Bhd and another appeal [2023] MLJU 413, An Attempt to Set Aside an Adjudication

IMSML Website Article 10/2024: Shin Yang Shipping Sdn Bhd v Ng Yew Loon & Ors [2023] MLJU 297, A Maritime Joint Venture in Indonesia

IMSML Website Article 9/2024: Five Sun Trading Sdn Bhd v Muhammad Sallehudin bin Ramli & Ors [2023] 8 MLJ 822, Another Seizure of Containers by Customs

IMSML Website Article 8/2024: Sabah Shell Petroleum Company Limited v Gumusut-Kakap Semi-Floating Production System (Labuan) Limited and another case [2022] MLJU 3504, The Engineering, Procurement and Construction of a Semi-Submersible Floating Platform

IMSML Website Article 7/2024: Langkawi Ro-Ro Ferry Services Sdn Bhd & Ors v Competition Commission [2022] MLJU 2900, Anti-Competitive Practices in Ro-Ro Ferry Services

IMSML Website Article 6/2024: Cockett Marine Oil (Asia) Pte Ltd v MISC Bhd and another appeal [2022] 6 MLJ 786, An Arbitration Clause in a Hyperlink

IMSML Website Article 5/2024: Mulair Oleg (mendakwa sebagai Nakhoda Kapal ‘Oriental Dragon’) & Anor v Pemunya dan/atau pihak-pihak yang mempunyai milikan atau kawalan terhadap kapal ‘Oriental Dragon’ dari Pelabuhan Panama (BRT UW Ltd & Ors, interveners) [2022] MLJU 2599, Intervention with a Ship’s Arrest

IMSML Website Article 4/2024: Enigma Technical Solutions Sdn Bhd v Destini Shipbuilding and Engineering Sdn Bhd [2022] MLJU 2139, A Maritime Joint Venture Dispute

IMSML Website Article 3/2024: Chew Chin Ping & Ors v APL-NOL (Malaysia) Sdn Bhd & Ors [2022] MLJU 1754, Bunker Oil Pollution Compensation

IMSML Website Article 2/2024: Sarmiina Sdn Bhd V Gerry Ho & Ors [2023] 2 MLJ 395, Seizure of Containers by Customs

IMSML Website Article 1/2024: The Delta Corp Shipping Case, The Necessity of a Valid Arbitration Clause

2023

IMSML Website Article 40/2023: MSN13/2023 - Appointment of Malaysia’s Marine Department (MARDEP) as a Competent Authority as per International Convention on the Safety of Life at Sea 74/78 (SOLAS)

IMSML Website Article 39/2023: MSN11/2023 - Gazettement Notification of Merchant Shipping (Collision Regulations) Amendment Order 2023

IMSML Website Article 38/2023: MSN10/2023 - UPDATED LIST OF YACHTS AGENTS UNDER THE LANGKAWI INTERNATIONAL YACHT REGISTRY (REGISTRATION OF YACHTING ENTITIES)

IMSML Website Article 37/2023: MSN09/2023 - CONDITIONS FOR THE CARRIAGE OF HEAVY GRADE OILS AS CARGO ON OIL TANKERS REGISTERED IN MALAYSIA

IMSML Website Article 36/2023: MSN07/2023 - Equivalent Limitation of Certificate of Competency Endorsement

IMSML Website Article 35/2023: MSN06/2023 - Delegation of Responsibilities to Recognised Organisations for Verifying Compliance with the ISM Code and Issuing Documents of Compliance

IMSML Website Article 34/2023: MSN05/2023 - Maintenance and Inspection of Fire Protection System and Appliances, Part 2 of 2, MSC.1/Circ.1270

IMSML Website Article 33/2023: MSN05/2023 - Maintenance and Inspection of Fire Protection System and Appliances, Part 1 of 2, MSC.1/ Circular.1432

IMSML Website Article 32/2023: MSN 04/2023 - Issuance of Blue Card Certificate for International Convention CLC 1992, BCC 2001 and WRC 2007, as well as Updated List of P7I Clubs and Insurance Service Provider Companies Recognised by Malaysia Marine Department

IMSML Website Article 31/2023: Resolution MSC.530(106) – Performance Standards for Electronic Chart Display and Information Systems (ECDIS), Part 3 of 3, MODULE C - Interfacing and Integration and Content of the Appendices

IMSML Website Article 30/2023: Resolution MSC.530(106) – Performance Standards for Electronic Chart Display and Information Systems (ECDIS), Part 2 of 3, MODULE B - Operational and Functional Requirements

IMSML Website Article 29/2023: Resolution MSC.530(106) – Performance Standards for Electronic Chart Display and Information Systems (ECDIS), Part 1 of 3, Scope, Application, Definition and Module A.

IMSML Website Article 28/2023: Resolution MSC.529(106) – Statement of Recognition of Maritime Mobile Satellite Services Provided by CTTIC Through BDMSS

IMSML Website Article 27/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 10 of 10 - Paragraph 15, 16 & 17, Administrations, Contracting Governments, Search & Rescue Services

IMSML Website Article 26/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 9 of 10 - Paragraph 14, LRIT Coordinator

IMSML Website Article 25/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 8 of 10 - Paragraph 12 & 13, LRIT System Security & LRIT System Performance

IMSML Website Article 24/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 7 of 10 - Paragraph 11, LRIT Data Distribution Plan

IMSML Website Article 23/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 6 of 10 - Paragraph 10, International LRIT Data Exchange

IMSML Website Article 22/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 5 of 10 - Paragraphs 8 & 9, National, Regional and Cooperative LRIT Data Centres, and International LRIT Data Centre

IMSML Website Article 21/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 4 of 10 - Paragraphs 6 & 7, Communication Service Providers and LRIT Data Centre

IMSML Website Article 20/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 3 of 10 - Paragraph 5, Application Service Providers

IMSML Website Article 19/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 2 of 10 - Paragraph 4, Shipborne Equipment

IMSML Website Article 18/2023: Resolution MSC.263(84)/Rev.1 – Performance Standards and Functional Requirements for The Long-Range Identification and Tracking of Ships, Part 1 of 10 - Overview, Definitions and General Provisions

IMSML Website Article 17/2023: Resolution MSC.528(106) – Recommended Cooperation to Ensure the Safety of Life at Sea, The Rescue of Persons in Distress at Sea and The Safe Disembarkation of Survivors

IMSML Website Article 16/2023: Resolution MSC.527(106) - International Code for the Safety of Ships Carrying Industrial Personnel (IP Code), Part 6 of 6 - APPENDIX of the IP Code

IMSML Website Article 15/2023: Resolution MSC.527(106) - International Code for the Safety of Ships Carrying Industrial Personnel (IP Code), Part 5 of 6 - PART V of the IP Code - ADDITIONAL REGULATIONS FOR CRAFT CERTIFIED IN ACCORDANCE WITH SOLAS CHAPTER X

IMSML Website Article 14/2023: Resolution MSC.527(106) - International Code for the Safety of Ships Carrying Industrial Personnel (IP Code), Part 4 of 6 - PART IV of the IP Code - ADDITIONAL REGULATIONS FOR SHIPS CERTIFIED IN ACCORDANCE WITH SOLAS CHAPTER I

IMSML Website Article 13/2023: Resolution MSC.527(106) - International Code for the Safety of Ships Carrying Industrial Personnel (IP Code), Part 3 of 6 - PART III of the IP Code, Regulations

IMSML Website Article 12/2023: Resolution MSC.527(106) - International Code for the Safety of Ships Carrying Industrial Personnel (IP Code), Part 2 of 6 - PART II of the IP Code - GOALS AND FUNCTIONAL REQUIREMENTS

IMSML Website Article 11/2023: Resolution MSC.527(106) - International Code for the Safety of Ships Carrying Industrial Personnel (IP Code), Part 1 of 6

IMSML Website Article 10/2023: Resolution MSC.526(106) - Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code)

IMSML Website Article 9/2023: Resolution MSC.525(106) - Amendments to the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers 2011 (2011 ESP Code), Part 4 of 4, Annex B, Part B: Annex B, PART B - Code on the Enhanced Programme of Inspections During Surveys of Oil Tankers Other Than Double-Hull Oil Tankers

IMSML Website Article 8/2023: Resolution MSC.525(106) - Amendments to the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers 2011 (2011 ESP Code), Part 3 of 4, Annex B, Part A: Annex B - Code on the Enhanced Programme of Inspections During Surveys of Oil Carriers. PART A - Code on the enhanced programme of inspections during surveys of double-hull oil tankers

IMSML Website Article 7/2023: Resolution MSC.525(106) - Amendments to the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers 2011 (2011 ESP Code), Part 2 of 4, Annex A, Part B

IMSML Website Article 6/2023: Resolution MSC.525(106) - Amendments to the International Code on the Enhanced Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers 2011 (2011 ESP Code), Part 1 of 4, Annex A, Part A

IMSML Website Article 5/2023: Resolution MSC.524(106) - Amendments to the International Code for Safety for Ships Using Gases or other Low-Flashpoint Fuels (IGF Code)

IMSML Website Article 4/2023: Resolution MSC.523(106) - Amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code)

IMSML Website Article 3/2023: Resolution MSC.522(106) - Amendments to the Protocol of 1978 of SOLAS 1974

IMSML Website Article 2/2023:Resolution MSC.521(106) - Amendments to SOLAS 1974, Chapter XV

IMSML Website Article 1/2023: Resolution MSC.520(106), Amendments to the International Convention for the Safety of Life at Sea 1974 (SOLAS 1974), Chapter II-2

 

2022

  • This sixth article on Malaysian Shipping Notice MSN10/2021, is on the Sixth Resolution by the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation (IMO) at its 76th Session. … Read more …

  • This article deals with the fifth resolution made by the Marine Environment Protection Committee (MEPC) adapted on 17 June 2021 at its 76th sitting, ie Resolution MEPC.332(76). In Malaysia, Resolution MEPC.332(76) was introduced into its domestic law by way of Malaysian Shipping Notice MSN 10/2021 on 23 August 2021. … Read more …

  • This fourth article on Malaysian Shipping Notice MSN10/2021, is on the Fourth Resolution by the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation (IMO) at its 76th Session. Resolution MEPC.331 (76) was adopted on 17 June 2021, but comes into force soon on 1 January 2023. This is why its introduction via the MSN10/2021 is so important, because as of now, there is less than two months left for compliance. … Read more …

  • Today's article is a continuation of what was written in IMSML Website Article 25/2022. That article was on regulation of Unmanned Non-Self-Propelled (UNSP) Barges under Annex VI. Today's article is also about UNSPs, but Resolution MEPC.330(76), the third Marine Environment Protection Committee (MEPC) at its 76th sitting, more specifically deals with amendments of both Annex 1 and Annex IV. … Read more …

  • Today’s article is a short one. The substance of Resolution MEPC.329(76) is no more than 2 sides of A4 paper.

    In order to prevent Usage and Carriage of Heavy Fuel Oil by Ships in Arctic waters, the International Maritime Organisation (IMO) acted through its Marine Environment Protection Committee (MEPC) under Article 38(e) of the IMO Convention. This initiative by IMO is done via Article 16 of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 (hereinafter referred to as MARPOL). … Read more …

  • This series of articles at the tail end of the year in 2022, starting with IMSML Website Article 25/2022, deals with the very last Malaysian Shipping Notice issued last year in 2021, ie MSN 10/2021, the tenth Notice issued by the Marine Department (MARDEP). The reason for focussing on this Notice is because there are several Resolutions by the Marine Environment Protection Committee (MEPC), made at its 76th Session, which have come into force on 1 November 2022 in Malaysia, and some more due to come into force slightly later on 1 January 2023. For the first article on MSN 10/2021, the author will focus on the Amendments to the MARPOL Convention, in particular the 2021 Revised MARPOL Annex VI which came into force in Malaysia on 1 November 2022. … Read more …

  • This case is about a back-to-back charterparty arrangement involving three parties. The Plaintiff originally time chartered the vessel to the Defendant, ie via the TM Global-Thermatek Charterparty. In turn, the Defendant subsequently sub-chartered the vessel to a third party, KP Port Services (KPPS), ie via the Thermatek-KPPS Charterparty. … Read more …

  • This is a continuation of a story which first started in IMSML Website Article 19/2022. The author has decided to deal with this point separately as incorporation of arbitration clauses are a big deal in the context of charters and bills of lading. Therefore this is an issue which warrants a dedicated treatment. So here is the second part of the tale concerning the MT ‘Cavalier’. … Read more …

  • This is an interesting case where the booking note contract is governed by Dutch law. The booking note contract provided that the carrier’s liability shall not exceed £100 per package. However, the break bulk goods were loaded on board the ship Dijksgracht at the Port of Cork in Ireland. The consignee was Poralu Marine Australia Pty Ltd (Poralu), who intended to install the 23 pontoons (described in documentation as ‘breakwater units’) and 11 pallets of cargo at the Royal Geelong Yacht Club, Australia. … Read more …

  • So what happens when your bill of lading incorporates a charterparty, but you do not pay attention to the exact terms of that incorporated charterparty? When you only have the full details of the charterparty on the day before the time bar sets in, you obviously keep calm and not panic. … Read more …

  • When there is a dispute as to which document is the applicable contractual document, this is an important fundamental issue to sort out before moving into the detailed grievances. Different documents may have different terms, conditions and dispute resolution mechanisms. … Read more …

  • This is a complicated case involving a writ in rem for the arrest of the MT Cavalier, as well as a parallel in personam court action, and a London Arbitration. I have tried to simply the facts and procedural steps so that the case can be understood by the average lay stakeholder in the maritime industry. … Read More …

  • When this author stumbled across this case in the LexisNexis database, there was an irresistible urge that drove him to write about it. It is not always that the legal fraternity and academia gets to have a peek at the decision making process of a Magistrate. Further, this was a case about whether a carrier or its representatives in the Maritime Logistics and Supply Chain have the authorisation to open packages and then re-seal it, before transporting it. … Read More …

  • There are many issues concerning financing of an international trade transaction in this case. However, the matter which is of interest to a ‘Maritime Law Geek’ (note this is the name of the author’s Twitter account) is whether the bill of lading presented here was an Ocean Bill of Lading (OBL) (also known as a Shipped Bill of Lading, SBL) issued by the ‘sea carrier’, or a House Bill of Lading (HBL) issued by a ‘freight forwarder’. … Read More …

  • When there is an oil pollution incident in Malaysia, the Protection and Indemnity Club (P&I Club) which mutually insures the ship will issue a letter of undertaking (Club LOU). The Club LOU will be used to constitute a limitation fund for the pollution in accordance with the Merchant Shipping (Liability and Compensation for Oil and Bunker Oil Pollution) Act 1994. … Read More …

  • What happens when you have a writ in rem in your hands, waiting for the offending ship to arrive in Malaysian waters, in order to serve the writ and arrest that ship, but that ship never arrives? How many times are you allowed to renew that writ in rem? Could the writ in rem survive forever, ie by repeated renewal? … Read More …

  • The Inai Kiara case was first litigated in the High Court. This article is about the subsequent appeal in the Court of Appeal. The appellate bench consisted of Justices of the Court of Appeal Lee Swee Seng, Hadariah Syed Ismail and See Mee Chun. An interesting nugget of information here is that the Respondent in this case was represented by … Read More …

  • The Plaintiff owned the Malaysian Registered dumb barge, ‘Pertama Hijau’ (PH) (Net tonnage 708, and gross tonnage 2,360). The barge was submitted for survey by the reputable classification society Nippon Kaiji Kyokai (NKK). After the first survey, the barge is required to submit to an annual survey to ensure that its seaworthiness is maintained, thus retaining its classification. … Read More …

  • The Plaintiff (Importer) purchased 1500 cartons of ‘3 ply disposable face masks’ from Golden-Agri International Co (GAI) (Seller / Exporter) in China. The documentation designated the Plaintiff as the consignee / importer for the goods, ie the party to receive the cargo of face masks at Klang Port. … Read more …

  • This case provides an insight into what happens at the tail end of a supply chain. After goods are purchased and carried by sea to the discharge port, the goods are warehoused and distributed. Therefore, after performance of the carriage of goods by sea, there is usually a contract for warehousing and distribution of those goods from the warehouse. … Read More …

  • This is a brief write-up on an ‘unreported’ judgment made by Her Ladyship Rozi Bainon PK at the Shah Alam High Court on 6 August 2022. … read more …

  • The subject-matter of the ninth article in this series is Malaysian Shipping Notice MSN 04/2022 titled ‘Crew Change Instructions (Amendments)’, issued on 25 August 2022, see https://www.marine.gov.my/jlm/admin/assets/uploads/files/notis/c0d12-msn042022.pdf (accessed on 5 October 2022). … Read More …

  • The third Malaysian Shipping Notice of 2022, MSN 3/2022, deals expressly with Recognized Security Organizations (RSOs). The provisions entered into force on 22 April 2022, and revoked the earlier Malaysia Shipping Notice MSN 08/2018. read more …

  • This article deals with Resolution MSC.494(104) that was the fourth resolution made by the Maritime Safety Committee (“MSC”) at its 104th Session. It is also the fourth

    read more …..

  • Resolution MSC.493(104) was the third resolution adopted by the Maritime Safety Committee (“MSC”) at its 104th session, and was made known to the Malaysian shipping industry via Malaysian Shipping Notice MSN 1/2022, on 12 January 2022. The resolution was

    read more ……

  • The subject-matter of IMSML Website Article 5/2022 is IMO’s 104th Session of the Maritime Safety Committee’s Resolution MSC.492(104). It is the fifth article in this new series. In particular, Resolution MSC
    read more ……

  • For this fourth article in the series (ie IMSML Website Article 4/2022), the author is looking a little further back in time at the very first 2022 Malaysia Shipping Notice (MSN 001/2022). This was issued by the Director General of Marine of the Marine Department Malaysia on 12 January 2022.
    Read more ……

  • Initiatives aimed at Protecting the Arctic from Shipping Black Carbon Emissions (see Resolution MEPC.342(77) ). Today’s article will be much shorter than the one posted previously. Resolution MEPC.342(77) is surprisingly ….. read more

  • This is the second article on Malaysia Shipping Notice 02/2022 titled ‘Resolutions Adopted by the 77th Session of the Marine Environment Protection Committee (MEPC 77)’ issued by the Marine Department of Malaysia on 7 April 2022. This article deals ….. read more

  • Ola and good day dear readers and IMSML members. Welcome to the first Website Article for the International Malaysian Society of Maritime Law (IMSML). The idea for this column is to produce concise, easy to understand articles on maritime issues for ….. read more