Arbitration – Malaysian Logistics Service Providers

A look at whether Malaysian logistics service providers should turn to arbitration under AIAC Rules — rather than court litigation — for resolving disputes under STCs and Bills of Lading.

A look at whether Malaysian logistics service providers should turn to arbitration under AIAC Rules — rather than court litigation — for resolving disputes under STCs and Bills of Lading.

Bill of Lading Clauses – Need for Improvement? Recently, Mr Jagmeet Makkar1 delivered a presentation on the Pitfalls of a poorly drafted dispute resolution clause. His talk also touched on common problems and pathological clauses. His discussion prompted us to…

When cargo is destroyed or irretrievably loses its commercial identity, is it still the same cargo? And if not, can cargo interests refuse to take delivery — and with it, the substantial costs of disposal? This article examines the legal basis for refusing delivery of cargo that is no longer in specie, the circumstances under which that refusal may be justified, and the practical risks cargo interests face when making that tactical decision.

This article examines whether Rule Paramount's requirement of reasonableness overrides Non-Separation Agreement allowances under Rule G in Container General Average. NAU argues that where the commercial adventure for specific cargo has effectively ended, prolonged detention costs cannot be mechanistically recovered — and that a principled standard for container GA adjustments is overdue.
China’s new maritime code (“NMC”), effective 01 May 2026, appears to make many changes and with the salient ones as stated below (full details can be viewed at the circular issued by Oasis P&I). Performing Carriers have the same rights…
The recent English Commercial Court decision in The Sebat (Trans Trade RK SA v Sebat Shipping and Trading Company) confirms a return to the orthodox position that a valid Notice of Readiness (“NOR”) is a prerequisite for the commencement of…
Webinar conducted on 21st May 2026 for Association of Multimodal Transport Operators of India (“AMTOI”) on 21st May 2026 – the slides can be viewed here.
We had earlier written on the provision of securityi by the various interested parties (which would include the cargo interests) following the declaration of a General Average (“GA”) and will not repeat what has been published earlier. This article will…
During the recently concluded ICMA XXIII, many papers were presented by the participants including the two papers below (we thank both Ms. Kimarie Cheng of WFW & Mr. Charles Debattista of 36 Stone for giving permission to publish the same…
This paper was presented by Mr Donald Chard FICS, FCIArb at ICMA XXII Singapore, a Chartered Shipbroker and Fellow of the Chartered Institute of Arbitrators. He spent more than thirty-eight years with the UK Chamber of Shipping where he was Head…