Maritime Law in Malaysia
Maritime Law in Malaysia
Maritime Law in Malaysia
Contents
Situation Background Current Problems Future Trend
Operation Area
Operation Area
Problems in Malaysia
Too many agencies No Admiralty court Commercial Division of the High Court Lack in numbers of Maritime lawyers and arbitrators Old law of MSO (1952) Slow process of ratification of new amendments and international law into the ordinance.
Problems in Malaysia
Agencies equipped with old equipment No common law
Future Trend?
Establishment of an admiralty court Developing Malaysian capabilities and competency in Maritime Arbitration One maritime agency for Malaysia taking the US Coast Guard as a model More and more maritime lawyers and arbitrators evolved in Malaysia
Future Trend?
One common and up to date maritime law Well equipped agency More involvement from research institutes More talks between various agencies Usage of IT in the enforcement
Current situation
New Admiralty Court 30th Sept 2010 - To handle and resolve maritime industry disputes ( target 9 months) Shipping and Admiralty Law Committee (SALC) training, review, propose
Arbitration
Kuala Lumpur Regional Centre for Arbitration. save cost and time by using this arbitration service rather than going through court proceedings. The Arbitration Act 2005 replaces the Arbitration Act 1952. Malaysian Court cannot intervene in the trial of any disputes.
Arbitration
The Arbitration Ordinance XIII of 1809 of the Straits Settlements was Malaysias first piece of arbitration legislation. British North Borneo and Sarawak adopted the English Arbitration Act of 1952 as their respective Ordinance in 1952. On 1 November 1972, Malaysia adopted this arbitration laws and became known as the Arbitration Act 1952
Admiralty Court
Malaysian Admiralty Court 1st Oct 2010 Two Commercial High Court Judges One-stop-center to deal with maritime issues Significant expansion of commerce in oil, gas and shipping sectors
Marine Police
Marine Operations Force established 62 years ago in September 1947 has stopped it operation 1st Sept 2012 islands, rivers, lakes, major shipping ports and dams. all its asset will be given to APMM