*Exclusive member for Spain*
The Founder of shiparrested.com network

Paseo de Reding 43, G Floor
29016 Málaga - SPAIN

Tel: +34 952 21 17 74
Fax: +34 952 22 66 76
A.O.H.: +34 600 086 168

http://www.arizon.es/

Contacts:

Dr. Felipe Arizon, Partner (PhD Newcastle, LLM Soton) : felipearizon@arizon.es
Dolores Perez Mazuecos, Partner : doloresperez@arizon.es

Other offices :

Jerez de la Frontera (Cadiz) - Brussels (Belgium)

*Exclusive member for Spain*
The Founder of shiparrested.com network

Paseo de Reding 43, G Floor
29016 Málaga - SPAIN

Tel: +34 952 21 17 74
Fax: +34 952 22 66 76
A.O.H.: +34 600 086 168

http://www.arizon.es/

Contacts:

Dr. Felipe Arizon, Partner (PhD Newcastle, LLM Soton) : felipearizon@arizon.es
Dolores Perez Mazuecos, Partner : doloresperez@arizon.es

Other offices :

Jerez de la Frontera (Cadiz) - Brussels (Belgium)

*Exclusive member for Spain*
The Founder of shiparrested.com network

Paseo de Reding 43, G Floor
29016 Málaga - SPAIN

Tel: +34 952 21 17 74
Fax: +34 952 22 66 76
A.O.H.: +34 600 086 168

http://www.arizon.es/

Contacts:

Dr. Felipe Arizon, Partner (PhD Newcastle, LLM Soton) : felipearizon@arizon.es
Dolores Perez Mazuecos, Partner : doloresperez@arizon.es

Other offices :

Jerez de la Frontera (Cadiz) - Brussels (Belgium)

*Exclusive member for Spain*
The Founder of shiparrested.com network

Paseo de Reding 43, G Floor
29016 Málaga - SPAIN

Tel: +34 952 21 17 74
Fax: +34 952 22 66 76
A.O.H.: +34 600 086 168

http://www.arizon.es/

Contacts:

Dr. Felipe Arizon, Partner (PhD Newcastle, LLM Soton) : felipearizon@arizon.es
Dolores Perez Mazuecos, Partner : doloresperez@arizon.es

Other offices :

Jerez de la Frontera (Cadiz) - Brussels (Belgium)

51 Rue de Palestine
1002 Tunis
Tunisia

Tel.: 0021624292700
Fax: 0021671891827

Website: www.cabinetavocat-bl.com
Email: latrechbrahim@yahoo.fr

Contact Person: Maitre Brahim LATRECH

Maritime law  & Admiralty law

Ports the firm operates in: Tunis , Rades , Bizerte , La Goulette

12 Old Post Office Street
Extn Building, Room no.3, first floor
Kolkata 700001
India

Tel: 00919830638881,00919830874236
Fax: 009103340056374
Telex: 009103340056374

A.O.H.: S.K.Burman

Web: www.bslawchambers.com
Email: info@bslawchambers.com

Contact Person 1: S.K. Burman
Contact Person 2: Abhijit Sarkar

Areas of Expertise: Ship Arrest & release, Cargo claims, Marine Arbitration, Admiralty, Intellectual property.

Ports the firm operates in: Calcutta,Haldia,Kandla,Madras,Cochin and Mumbai.

SKA House, Dedan Kimathi Avenue
P.O. Box 83156
80100 Mombasa
Kenya

Tel.: +254 41 2225090/6
Fax: +254 41 2224996
A. O. H.: Ushwin Khanna (+254 722 411780)

Website: www.africalegalnetwork.com 
Email: uk@africalegalnetwork.com

Contact Person 1: Ushwin Khanna (+254 41 2225090)
Contact Person 2: Samson Okong’o (+254 41 2225090)
Contact Person 3: Mona Doshi (+254 41 2225090)

Other Offices: ALN House, Off Eldama Ravine Road, Westlands P.O. Box 200 - 00606 Nairobi, Kenya

Shipping & Maritime, Litigation, Arbitration, Corporate, Infrastructure, Finance, Property, Aviation

Mendeep & Associates - Advocates & Solicitors
Suite 3B-21-6 Plaza Sentral, Jalan Stesen Sentral 5,
50470 Kuala Lumpur, Malaysia.
mendeepsingh@jtjb.com
www.mendeepandassociates.com

“The legal question that arose here was, whether the service on the master was in compliance with the governing law and the answer is simply ‘No’.
 
A ship may be arrested in Malaysia as long as the arresting party’s claim falls under any of the provisions of Section 20 (2) and Section 21 of the Supreme Court Act 1981 of England and Wales.
 
A Party who wants to arrest a ship in Malaysia must strictly comply with the Rules of Order 70 of the Rules of High Court 1980 (“RHC”) which govern admiralty proceedings in the Malaysian High Court.
 
In a recent case of Kertih Port Sdn Bhd V Owners of the Vessel ‘Shema’ (2009) a vessel named Shema was arrested on a claim arising out of an alleged breach of contract for the hire of tugboats. Here, a security of RM2,384,000 for the release of the vessel was demanded. However, after arresting the ship for 104 days the ship was released. The Owners of the ship in the meantime applied to set aside the writ and warrant of arrest alleging that the warrant of arrest against the vessel was wrongful and without basis.
 
The arrest warrant in this matter was served on the master of the ship. The legal question that arose here was, whether the service on the master was in compliance with the governing law and the answer is simply “No”. The writ and warrant of arrest must be served on the property against which an action is brought (Order 70 Rule 7 of the RHC) and this must be done by affixing the warrant or writ for a short time on any mast of the ship or on the outside of any suitable part of the ship’s superstructure as Order 70 Rule 10 of the RHC uses the word “Shall” and therefore it means the act specified was mandatory and there is no other form of service specified by these Rules. As such these Rules must be complied with.

The Malaysia High Court affirms the English decision in the case of The Prins Bernhard (1963) 2 LLR 236 where it was stated that “it is too great a departure from the recognised and long establish practice” when the service on the Master was said to be a good service.

The Court held that upon the failure to comply with mandatory requirement, the consequence was that the service of the writ in rem and the warrant on the master of the ship was defective and ought to be set aside.

The Court in Kertih Port’s case further held that foreign ships, owners and parties shipping goods expect compliance with the letter of the Rules, for they conduct their operations on that basis. Any tolerance of defective application of the rules to allow the use of the writ in rem to hold a ship while a claim and negotiations for settlement is made and then releasing the same at will 104 days later created the image of a nation which allows its laws and rules to be used for what may be termed collateral if not improper purpose and thus damaged Malaysia’s reputation generally as a trading nation and that was too high a price to pay by the nation for one Claimant.

In conclusion it is important to say that a party who intends to arrest a ship when, having received the order from the Court to arrest a ship has to strictly comply with the mandatory requirements of the law or else the consequence will be similar to Kertih Port’s case where the service of the writ in rem and the warrant on the master of the ship was held to be defective and set aside by the Court.

rue Lucie Faure (Par Av. de Paris)
1000 Tunis
Tunisia

Tel.: +21671341568

Fax.: +21671341569

Website: www.cabinet-achour.com 
E-mail: maritime@cabinet-achour.com

Contact Person: Mr. Achour Abdelmonêm

Arrest of vessels,advisory and consultancy services in ship finance,ship mortgages and other types of securities,ship registration and ancillary services,vessel regulatory compliance,legal opinions,personal injury claims,cargo claims,general average and salvage claims,enforcement of maritime liens.