Overview

Our Shipping, Maritime and International Trade Practice combines specialist Malaysian admiralty expertise with the breadth and resources of one of Malaysia’s largest law firms. With dedicated contentious and non-contentious teams, we advise on maritime disputes, transactions and regulatory matters, drawing on the firm’s wider capabilities in financing, insolvency and enforcement to address the issues that arise across our clients’ businesses.

Our contentious team represents clients in urgent and high-value disputes before the Malaysian courts and in domestic and international arbitration. Our experience encompasses securing and resisting vessel arrests, preserving assets, enforcing maritime security and arbitral awards, and managing cross-border disputes in coordination with foreign counsel, P&I Clubs, insurers, surveyors and technical experts.

Our non-contentious team advises on maritime transactions, financing arrangements and regulatory compliance. We help clients structure transactions, allocate risk and navigate the legal requirements governing their vessels and operations, with close attention to the commercial and operational realities of the industry.

We recognise that maritime matters often demand decisive action within tight timelines. Whether securing a claim, keeping a vessel trading, protecting cargo interests, managing an insured loss or completing a transaction, our advice is directed towards protecting our clients’ interests and achieving their commercial objectives.

Our Strengths

Specialist Malaysian admiralty capability

Our team has hands-on experience with the procedural and commercial realities of vessel arrest, release, judicial sale, mortgage enforcement and maritime priorities in Malaysia.

Disputes and enforcement strength

We look beyond the merits of a claim to security, assets, jurisdiction and enforcement from the outset, including urgent relief in aid of arbitration and cross-border recovery.

A multidisciplinary platform

Maritime matters frequently engage corporate, finance, insolvency, employment, regulatory, competition and tax issues. ASL’s full-service platform allows the team to draw on relevant expertise with coordinated advice led by the maritime team.

Regional and international coordination

We work with foreign counsel and maritime professionals to manage multi-jurisdictional proceedings, evidence and enforcement while providing a clear Malaysian-law strategy.

Commercial responsiveness

We understand the time sensitivity of vessel movements, cargo deterioration, limitation periods, insurance notifications and security demands. Advice is direct, practical and calibrated to the client’s operational priorities.

Our Practice

We advise throughout the lifecycle of a maritime matter – from contract drafting and early risk assessment to urgent security, merits strategy, trial or arbitration, and enforcement.

Ship Finance and Other Non-Contentious Work

• Ship sale and purchase, ship security and financing arrangements.
• Vessel ownership structures, licensing and exchange control rules.
• Shipbuilding contracts, registry advisory work and corporate filings.
• Joint ventures, mergers and acquisitions involving ship owning interests and vessel due diligence.
• Restructuring and insolvency of distressed offshore marine companies.

Admiralty, Arrest & Enforcement

• Vessel arrest and release.
• Challenges to arrest, including wrongful arrest and alternative security issues.
• Applications for Omnibus orders, appraisement and judicial sale, priorities and payment out.
• Ship mortgage enforcement and repossession.
• Urgent injunctions, asset preservation and interim relief in support of arbitration.

Charterparties, Carriage & Cargo

• Time, voyage, and bareboat charter disputes.
• Bills of lading disputes.
• Cargo loss, damage, shortage, contamination, delay and misdelivery claims.
• Freight, hire, off-hire, demurrage, detention and laytime disputes.
• Bunker supply, ship management and operational disputes.

Marine Insurance & Risk

• Cargo insurance, hull and machinery insurance, builders’ insurance and P&I cover claims, coverage analysis and recovery strategy.
• Claims involving physical loss or damage, shortage, contamination, theft, delay and general average.
• Subrogated recoveries and defence of claims involving carriers, freight forwarders and logistics providers.

Casualty, Pollution & Regulatory

• Collision, grounding, salvage, wreck and casualty-related advice.
• Marine pollution exposure and statutory liability.
• Evidence preservation and coordination with surveyors, experts and authorities.
• Ship-to-ship transfers, bunkering and offshore operations.
• Licensing, port, customs and sanctions-related issues affecting maritime trade.

International Trade & Offshore Energy

• Offshore construction, fabrication, installation and services disputes.
• Oil and gas transportation, crude oil supply and commodity-related claims.
• Contractual and regulatory issues affecting operations in Malaysian waters.
• Malaysia-Thailand Joint Development Area matters.
• Cross-border arbitration, asset tracing and enforcement strategy.

Our Experience

Dispute Resolution

Selected matters handled by members of the practice include:

• Acted in an in rem claim concerning the delivery of approximately one million barrels of crude oil, with cargo valued at more than US$76 million.
• Acted in a domestic arbitration concerning breaches of a ship management agreement and bareboat charter, with total claims exceeding RM100 million.
• Obtained a freezing injunction in aid of arbitration arising from alleged breaches of a crude oil supply agreement involving claims exceeding US$100 million.
• Advised an oil and gas exploration company on a potential demurrage claim exceeding US$500,000.
• Represented an owner of a large chemical storage facility in Malaysia in a claim by vessel owners for loss of product due to damage of a liquid cargo tank on a chemical tanker.
• Acted for a vessel owner in a claim for damages in respect of a collision in the Straits of Malacca.
• Represented a shipowner in an in rem claim brought by charterers arising from the operation of a casino business aboard a vessel in international waters.
• Obtained a rare ex parte order under section 33 of the Langkawi International Yacht Registry Act 2003 restraining the Director General of Marine from dealing with a yacht.
• Advised a P&I Club on vessel liability under Malaysian law in connection with a potential oil pollution claim.
• Advised contractors operating in the Malaysia-Thailand Joint Development Area on Malaysian law issues affecting offshore operations and contractual arrangements.
• Advised for a PETRONAS subcontractor in a domestic arbitration exceeding RM10 million concerning the procurement and installation of an offshore compressor for upstream oil production.
• Advised a Dutch construction and engineering company on breach of contract claims relating to offshore accommodation module fabrication and sale agreements.
• Represented maritime claimants in numerous Malaysian admiralty proceedings involving vessel arrests as security for court claims and foreign arbitrations, including omnibus orders, judicial sales, priorities and payment out of sale proceeds.
• Represented shipowners in applications to set aside vessel arrest orders arising from a broad range of maritime claims.
• Acted for mortgagees in the enforcement of ship mortgages and recovery proceedings against vessels.
• Advised shipowners, charterers and cargo interests on charterparty, bill of lading, cargo and related maritime disputes, including the insurance and recovery considerations arising from cargo loss or damage.

Finance and Corporate

• Advised alongside Saudi counsel a large offshore marine group and Offshore Support Vessel (OSV) builder in a charter party disputes.
• Advised a large offshore marine group and Offshore Support Vessel (OSV) builder in the sale and purchase of four OSVs.
• Advised as Malaysian counsel the financing of Miclyn Express Offshore Limited through a USD 315 million term loan and revolving credit facility and a SGD 200 million senior secured guaranteed bonds issuance, in conjunction with its privatisation transaction and subsequently the reflagging of vessels provided as security.
• Advised financiers in relation to the reflagging and discharge of vessels provided as security under the facilities.
• Advised Export-Import Bank of China (CEXIM) in relation to a court-sanctioned recovery plan and conciliation protocol involving the restructuring of the Bourbon Group, a French offshore services leader.
• Advised a shipbuilder in relation to the registration of a mortgage over a vessel pursuant to its sale and purchase.
• Advised a development financial institution in relation to the Islamic term financing to an independent upstream oil and gas company focused on shallow-water offshore production and development in the North Sea and Malaysia, with security over Bahamas flagged floating production storage and offloading (FPSO) vessel owned by its UK subsidiary.