LEGAL IMPLICATIONS OF FRAUDULENT VESSEL REGISTRATION: LESSONS FROM COSCO SHIPPING HEAVY INDUSTRY V OSTA FLEET
In Cosco Shipping Heavy Industry (Dalian) Co Ltd & Anor v Osta Fleet Sdn Bhd, the court examined a vessel registration dispute involving allegations of fraudulent documentation. The Plaintiffs argued that Osta Fleet fraudulently registered the vessel “Dalian Developer” using a falsified Builder’s Certificate. The court’s forensic analysis revealed inconsistencies in the document, ultimately deeming the registration invalid under the Merchant Shipping Ordinance. The case underscores the importance of due diligence and legal safeguards in vessel registration processes.
WHEN CARGO GOES ASTRAY: THE RISKS OF DELIVERING WITHOUT A BILL OF LADING
In a recent English Court of Appeal decision, the issue of misdelivery without the presentation of the original bill of lading was brought into focus. The court examined the shipowner’s delivery of cargo without presentation of the bill of lading and the subsequent endorsement to UniCredit Bank. Although a breach was found, the claim was dismissed on causation grounds, as the bank had knowledge of and implicitly authorized the delivery. This case emphasizes the crucial role of bill of lading in maritime transactions.
ADMIRALTY – MARINE INSURANCE – CONTRIBUTION AND INDEMNITY
ABC insurance company rejected B’s claim for cargo damage. Unhappy with the rejection, B sued ABC insurance company and the ship owner who carries its goods for negligence.
ADMIRALTY LAW– SIGNIFICANCE OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS)
What is the significance of the United Nations Convention on the Law of the Sea (UNCLOS) to the maritime industry in Malaysia?
ADMIRALTY LAW – MARITIME LABOUR CONVENTION (MLC) 2006 – ENTRY INTO FORCE OF THE MLC IN MALAYSIA
Parties who must adhere to International Conventions on Maritime
Labor and the method of enforcement practiced in Malaysia.
SHIPPING LAW, INTERNATIONAL TRADE CARRIAGE OF GOODS BY SEA
The Hague-Visby Rules were recently on 15.7.2021 incorporated to replace the Hague Rules used in Malaysia. However, not all the provisions in Hague-Visby Rules apply. The following table will set out the relevant changes made in the amended COGSA.
ADMIRALTY – SHIP ARREST – JUDICIAL SALE PENDENTE LITE – WASTING ASSET
When will an arrested vessel become a wasting asset? An analysis of the condition on MV Yih Shen, one of the first few vessels sold by the court in a judicial sale pendente lite proceeding.
ADMIRALTY – SHIP ARREST – SHERIFF’S EXPENSES
What is Admiralty Sheriff’s expenses? Who pays the Sheriff’s Expenses? The pitfall of Admiralty arrest.
ADMIRALTY – MARITIME LIEN
What is maritime lien? What type of claim is classed as Maritime Lien? What is the significant of having a maritime lien?
SHIPPING LAW – SHIP ARREST – MORTGAGE – ACTION IN REM – SERVICE WITHIN MALAYSIA
What can a bank do if a mortgagor cease to pay his/her loan vested in a ship? Can I invoke an admiralty writ in rem in High Court of Malaya but serve and execute them in the High Court of Sabah & Sarawak?
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