Johore Bar Committee

Circular No. 100/2023: Admiralty & Maritime Law: Navigating Claims, Arrests And Priorities (12 Jan 2024)

This talk aims to provide members of the Johore Bar with comprehensive insights into Admiralty and Maritime Law, focusing on crucial aspects related to arrests, security, and dispute resolution in the maritime domain.

Topics to be covered in this talk:

  1. Types of Claims Leading to Arrests:

Delving into the nuanced world of maritime claims that can lead to vessel arrests, including the complexities surrounding maritime liens, damage claims, and salvage claims. Real-world scenarios and case studies will be employed to illustrate these concepts.

2. Connection Between Defendants and Arrested Ships:

Providing a thorough examination of the legal underpinnings for the arrest of a ship, with a focus on jurisdictional aspects. The session will explore the intricate requirements for establishing a concrete connection between defendants and the vessels subjected to arrest, addressing potential challenges and legal precedents.

3. P&I Club Undertakings and Alternate Security:

Immersing attendees in the pivotal role played by Protection and Indemnity (P&I) clubs in offering security for the release of vessels. Additionally, the discussion will encompass alternative forms of security, exploring their nuances and applicability in varying scenarios. Legal professionals will gain actionable insights into crafting effective security strategies.

4. Setting Aside Arrests:

Unpacking the grounds and procedures for setting aside arrests, with a nuanced exploration of instances involving wrongful arrests. Practical guidelines and case analyses will be shared, empowering legal practitioners to navigate and strategize effectively in such situations.

5. Handling Issues During Arrests:

Addressing the multifaceted challenges and disputes that can surface during the arrest process. Topics will include bunker claims, crew wages, and operational concerns, with a focus on practical solutions and preventive measures.

6. Judicial Sales and Order of Priorities:

Providing a comprehensive overview of the intricate process of judicial sales of arrested vessels. The discussion will extend to the distribution of proceeds and the establishment of the order of priorities among claimants. Real-world examples will be used to illuminate these complex proceedings.

Benefits for Johore Bar Members:

  • Members will gain not only theoretical insights but practical knowledge through real-world examples and case studies.
  • Opportunities to enhance their expertise in Admiralty and Maritime Law, contributing to their professional growth.

The talk is expected to last approximately half a day, with dedicated time for questions and discussions.

Particulars of the Seminar are as follows:

Date12TH JANUARY 2024 (FRIDAY)
Time9:30 A.M. to 12:30 P.M.
VenueLEVEL 1, ABDULLAH A. RAHMAN AUDITORIUM
JOHORE BAR BUILDING
NO. 5 JALAN TUN ABDUL RAZAK
SUSUR 1 / 1, 80000, JOHOR BAHRU
FeesRM100-00 FOR MEMBERS OF THE MALAYSIAN BAR
RM50-00 FOR PUPILS IN CHAMBERS / LAW STUDENTS
CPD codeT3/12012024/JHB/JHB244054/3 [3 points]

About the Speakers

JEREMY MARK JOSEPH is the Partner of the Joseph & Partners Law Firm which has one of the largest and most geographically diverse maritime law practices in Malaysia. To properly serve sophisticated maritime clients, Jeremy has built one of the most reputable maritime and shipping practices of any law firm in Asia. He advises clients on a full range of maritime, insurance and commercial law. Jeremy started his career as an insurance broker handling marine claims. Subsequently, he received a British High Commissioner’s Chevening Scholarship Award in 1996 after which he proceeded to the prestigious University of Southampton, England where he obtained a Master of Law degree (LL.M) in 1997. Later, he worked as an Associate for Holman Fenwick and Willan (Singapore office) from 1998 to 2002. In 2002, he managed the Malaysian associate office of Joseph Tan Jude Benny, Singapore for 7 years. In the year 2010, he founded Messrs Joseph & Partners and under his leadership, Joseph & Partners has won the prestigious “ALB Malaysia Law Awards for Shipping Law Firm of The Year”, hosted by Asian Legal Business and Thomson Reuters for 3 years in a row consecutively. (2014-2016). He has the honour of getting his name marked in famous landmark reported judgments, publications and has also participated in international seminars and conferences. Joseph and Partners was also appointed by 1MDB and the Government of Malaysia as solicitors in the high-profile arrest and sale of the super yacht “Equanimity” in 2018.

MATTHEW JEROME VAN HUIZEN is a senior associate at Joseph & Partners. With a strong grip on shipping law, he is a valuable asset at Joseph & Partners. His practice focuses on domestic and cross-border shipping disputes, customs and excise advisory work, and the judicial arrest and sale of vessels (including superyachts, AHTS vessels, and crude tankers). He also advises on general maritime corporate matters including the drafting of Ship-Management, Sea-men Employment, and Joint-Venture contracts.He is well versed in all aspects of Maritime and Admiralty law. He is building experience in international trade, marine insurance, and ship finance and has worked for a variety of clients, including shipowners, ship operators, charterers, P&I Clubs, shipyards, insurers, brokers, trading companies, freight forwarders, oil companies, and banks.

Payment & Registration

The Seminar is limited to 70 participants only. To guarantee your space, payment and registration are required on a first come first serve basis. 

Payment can be made by direct deposit or internet banking to:

Account name: JOHORE BAR HOUSE & LIBRARY FUND

Bank: CIMB Bank Berhad

Account no.: 80-0933164-8

To register, please submit ALONG WITH PROOF OF PAYMENT, the following details at this link here or email to the Secretariat (secretariat@johorebar.org.my) on or before 11th January 2024 (Thursday).

  1. Name of participant(s) and the corresponding Membership Number/Petition Number;
  2. Name of legal firm; and
  3. Email address of each participant.

Participants will receive slides (if any – with the permission of the speaker) subsequent to the Seminar by way of email.

We look forward to your participation

AIMI SYARIZAD BINTI DATUK HJ. KUTHUBUL ZAMAN

CHAIRPERSON

CONTINUING PROFESSIONAL DEVELOPMENT

SUB COMMITTEE