Shipping In Malaysia & Carriage of Goods By Sea

24-25 Oct, 2023, Armada Hotel

IPA Training is Registered with

Learn from the Best

Philip Teoh has been in legal practice in Singapore and Malaysia for over 33 years.

 

He is the Partner heading the Shipping, International Trade, Insurance, Oil & Gas and Arbitration Practice in the Malaysian law firm Azmi & Associates. He is also a Practising Arbitrator with AIAC, LMAA, SCMA, EMAC, ICC, LCIA, KCAB, AABD Brunei. He is the author of key Practitioner Texts used by the Industry and has argued key cases in this area.

 

Some comments from Chambers in its 2019 :

‘Philip is a very senior lawyer with a long-standing presence in the market and a deep knowledge of maritime law. He has an impressive track record on shipping disputes, including arbitrations, and has notable experience advising on non-contentious mandates.’

 

Legal 500 2022:

‘Philip Teoh is an exceptional admiralty and shipping lawyer. To me, he is the leading authority in this area and a highly likeable personality as well.’

 

Legal 500 2023:

‘Philip Teoh has a wealth of experience in maritime matters which means he can cut to the real issues at play.’


 

Venue Details

Armada Hotel
Lorong Utara C, Section 52, Kuala Lumpur, 46200, Malaysia,
Phone : 03 7954 6888
Fax : 03 7958 5593

https://www.armada.com.my/

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Freight Forwarders and Logistics Role
  • Section on Shipping Documentation and Bill of Lading Problems
  • Letters of Indemnity and Detention of Cargo
  • Section on Marine Insurance and Insurance Claims
  • Preparing your Case for Court / Arbitration – Witness Strategies
OBJECTIVE

Shipping drives international trade. The smooth movement of materials, components and goods across national borders require the coordinated efforts of the principal parties involved in Shipping, Transport and Insurance.

This interactive and practical course teaches participants to recognize the common and uncommon risks in shipping and how to devise strategies to avoid or manage those risks. When disputes are unavoidable the participants are also taught how to deal with claims and are guided through the court, arbitration and mediation process.

WHO SHOULD ATTEND
Traders, Importers, Exporters, Charterers, Shipping Agents, Ship Managers, Ship Owners, Liner Operators , NVOCCs, Multimodal Operators, Forwarders , Forwarding Agents, Bankers/Trade Financiers, Insurers, Insurance Agents and Brokers, Protection and Indemnity Clubs, Correspondents and Brokers, Surveyors/Adjusters, Lawyers
METHODOLOGY
Interactive Lectures, Case Laws, Case Examples, Practical Tips & Discussion on all relevant areas to ensure participants grasp clearly issues presented
DAY 1
9:00

INTRODUCTION

Shipping in Malaysia: Market Conditions

  • Local and International Players
  • Legal Environment : Law & Regulations
  • Role of Marine Department
  • Malaysia as a Maritime Nation

Types of Shipping

  • Liner Shipping
  • Tramp Shipping
  • Lighterage and Towage
  • Local versus International Practices.

Parties Involved in the Process

  • Shipowner
  • Charterers
  • Liner Operators
  • NVOCCs
  • Multimodal Operators
  • Forwarders
  • Forwarding Agents
  • Insurers
  • Protection and Indemnity Clubs
  • Surveyors
  • Lawyers

Role of Parties: Capabilities and Limitations

Clients

  • Shippers
  • Consignees
  • Responsibility of Parties

Intermediaries

  • Cargo and Custom Brokers
  • Shipbrokers
  • Forwarding Agents
  • Insurance Brokers and Agents
  • Settling Agents
  • P & I Brokers and Correspondents
  • Recovery Agents

Services Provided, Limitations of Role and Responsibilities


1:00 Lunch
2:00

CHARTERING VESSELS

Chartering of Vessels: When does one charter?

Types of Charterparties

  • Demise or Bareboat Charter
  • Time Charter
  • Voyage Charters

Characteristics & Differences

Documentation of Charterparties

  • Fixture Notes and Recaps
  • Negotiating Charters
  • Examination of Common Forms
  • Choice of particular forms
  • Industry Forms

Time Charters

  • Obligations of Shipowners and Charterers
  • Use by Oil Majors: Esso, Shell, Petronas
  • Particular Obligations
  • Nomination of Ports

Voyage Charters

  • Obligations of Shipowners and Charterers
  • Delivery and Arrival of the Vessel
    * Port Vs Berth Charters
    * Problems of Port Klang
    * Indian Ports
  • Obligations and Rights at Loading Port
  • Obligations and Rights During Voyage
  • Discharge Port Duties

Charterers Claims

  • Laytime and Demurrage
  • Calculating Demurrage
  • Liens and Detention of Cargoes

Interaction with Bills of Lading

3:45

- CONTAINER VERSUS CONVENTIONAL SHIPPING
- CHOICE OF CARRIER: CLASS OF CARRIER
- ROLE OF FORWARDER: ONE STOP LOGISTIC PROVIDER
- SPECIAL DUTIES IN RELATION TO CONTAINER SHIPPING


Preparing Container Cargo for Shipment

  • Packing Requirements
  • Stuffing of Cargo into the Container
  • FCL / LCL Cargo
  • Container Yard Problems
  • Container Freight Station and Consolidation of Cargoes
5:00 End of Day 1
DAY 2
10:45

COMMON CARGO CLAIM PROBLEMS

- Container Cargo
- Bulk Cargo : Petroleum and Palm Oil Shipments
- Claims Against Forwarders
- Claims Against Port Operators
- Common Types of Cargo Claims

INSURANCE

- Risk Management Through Insurance
- Common Types of Cover Available in Malaysian Market
- Institute Cargo Clauses
- Protection and Indemnity Clubs
- Through Transport Club Cover
- Insurance Coverage: What is covered
- Making an Insurance Claim


1:00 Lunch
2:00

INTERNATIONAL CONVENTIONS

- Regulation of Carriage Terms by International Conventions
- Hague Rules and The Malaysian Carriage of Goods Act

Other Conventions

  • Hague Visby Rules
  • Hamburg Rules

Regulation of Ships

  • Flag State and Port State Control
  • Role of Marine Department
  • Latest Developments
  • Safer Ships and Fewer Claims?
3:45

LEGAL PROCESS

- Common Charterparty Disputes: Demurrage Claims
- Suing in Malaysian Courts

Admiralty Jurisdiction of Malaysian Courts

  • Ship Arrest
  • Mareva Injunctions

- Limitation of Liability of Claims
- Sabah and Sarawak and Territorial Issues

Maritime Arbitration

  • Types of Arbitration
  • Choice of Forum

- Role of Maritime Consultants and Lawyers

5:00 End of Course