Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Shipbuilding contracts The contract The negotiations leading up to the contract formation are significant in ensuring what the parties want. The parties must not…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship Mortgages Nature Of A Ship Mortgage The nature of a ship mortgage is statutory under most legal systems. Under English law it is…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ownership And Management Registration Of Ships And Ownership Ship registration has two functions. The first concerns the public law character of ship registration. This…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Ship Arrest And Jurisdiction On The Merits Outline Legal Framework For Obtaining Jurisdiction On The Merits The starting point for approaching the question whether…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Procedure for enforcement of claims in rem Arrest of a ship and the aftermath When the ship is arrested, the defendant may provide security…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Admiralty Law will be explored. Enforceability of claims under the Admiralty jurisdiction of the High Court Nature of in rem proceedings The advantages of the in rem claim over…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series, as restated by Chakra Thillainathan, the basis and elements of Admiralty Law will be explored in the following 16 parts. The Nature Of Admiralty Jurisdiction Statutory rights in rem and maritime liens The Senior…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Dispute settlement mechanism in the law of the sea Background to the dispute settlement mechanism Traditionally, provisions for the settlement of…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. International Seabed Authority Institutional structure of the International Seabed Authority The Authority is comprised of three principal organs: an Assembly made…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Legal status of the deep seabed and its resources Evolution of the legal regime concerning the deep seabed and its resources…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Principle of the freedoms of the high seas Evolution of the principle of the freedoms of the seas The desire to…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Rights and duties of coastal and other states in the EEZ Rights and duties of coastal states The 1982 Convention on…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Concept of the EEZ Evolution of the concept of the EEZ In the late 1940s and early 1950s, a desire to…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Rights of coastal states and other states in the continental shelf Rights of coastal states Coastal states have exclusive sovereign rights…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Definition and method of drawing the limits of the continental shelf Evolution of the continental shelf as a legal concept The…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Contiguous zone Development of the concept of a contiguous zone When states began to make extensive claims for a territorial sea…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Right of innocent and transit passage Nature and meaning of innocent passage The 1982 Convention defines the meaning of passage itself…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Territorial sea Concept of a territorial sea The concept of a territorial sea has a long history. Those who opposed the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Law on drawing baselines Background to the law The seas and oceans of the world had long been subject to the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Third UN Conference on the Law of the Sea (UNCLOS III) Second UN Conference on the Law of the Sea Since…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. Four Geneva Conventions on the Law of the Sea of 1958 Four Conventions Convention on the Territorial Sea and the Contiguous…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Laws of The Sea, will be explored. First UN Conference on the Law of the Sea (UNCLOS I) Aftermath of the Second World War The conduct of the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of International Law of The Sea, as restated by Chakaravarthi Thillainathan, will be explored in the following 16 parts. Pre-UN development of the law of the sea Introduction We know…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Rights Of Third Parties Third Parties An insurance contract is a contract between the insurer and the assured. The indemnity payable to the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Insurer’s Right To Contribution Double Insurance The insurer is entitled to a contribution from another insurer who has insured the same risk…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Insurer’s Right Of Subrogation Upon Payment Introduction To Subrogation Subrogation is a concept with a wide application within and outside contracts of insurance….

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The measure of indemnity: constructive total loss (CTL) Definition of a constructive total loss A constructive total loss (or a ‘CTL’) is a…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Measure Of Indemnity: Actual Total Loss (ATL) Types of total loss There are two kinds of total loss in marine insurance law…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Measure Of Indemnity: Partial Loss The principle of indemnity By a contract of indemnity insurance, the insurer undertakes to hold the assured…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Sue And Labour Clause (Mitigation Of Loss) The Sue And Labour Clause The ‘sue and labour’ clause in the SG form of…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Causation The proximate cause In order to be indemnified for a loss under a marine insurance policy, it must be established that the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Excepted Risks Excepted perils Generally, but not always, an excepted peril is a peril which would be included within an insured peril and…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. War, Political And Strike Risks War Risks Clauses The SG form scheduled to the MIA covered marine and war risks. However, it became…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Marine Risks The ingredients of a valid insurance claim The essence of a marine insurance contract is that it is a contract of…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Implied Warranties Implied Warranties Section 33(2) MIA recognises that warranties may be implied. Warranties may be implied into the marine insurance contract either…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Conditions Precedent And Other Terms Of The Insurance Contract Conditions Precedent Conditions precedent are frequently used in insurance policies. A condition precedent is…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Express warranties Definition Of Warranties Two different types of warranties should be distinguished: Promissory warranties, the breach of which will discharge the insurer…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Attachment, Duration And Termination Of The Insured Risk Policy Period, Time Policy And Voyage Policy The same considerations within section 25 MIA. These…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Premium Introduction The premium is the monetary consideration paid by the assured in return for the insurer’s promise of indemnity in respect of…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Assured’s Agent : Rights, Duites And Liabilities Authority Of Insurance Agents Insurance agents are usually employed to effect an insurance and also…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Remedies Avoidance Meaning Of Avoidance Avoidance is a remedy available to the innocent party. However, it is a remedy which does not apply…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Insurer’s Duty Introduction Section 17 MIA is quite clear in saying that the duty of good faith rests on both the assured…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Assured’s Post-Contractual Duty Of Good Faith Introduction The Court of Appeal in The Mercandian Continent confirmed that the duty of good faith…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. The Pre-Contractual Duty Of Utmost Good Faith Introduction Section 17 MIA provides as follows:- A contract of marine insurance is a contract based…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Persons Who May Claim On A Policy Section 26 MIA Section 26 MIA provides as follows:- The subject-matter insured must be designated in…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Valuation of Insurable Interest Basis of Valuation Valuation is important to know the quantum of indemnity that the assured is rightfully entitled to…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Change Of Voyage, Deviation And Delay Attachment Of Risk, Change Of Voyage And Deviation Section 45 MIA provides as follows:- Where, after the…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Duration of Risk : Time Policies And Voyage Policies Time and Voyage Policies Defined Section 25 MIA provides as follows:- Where the contract…

Pursuant to the earlier topic of Introduction to Maritime Law in Malaysia, published on 22 February 2021, in the coming series the basis and elements of Marine Insurance claims will be explored. Floating Policies & Open Covers Floating Policies Section 29 MIA provides as follows:- A floating policy is a policy which describes the insurance…