Shipping and Logistics in Malaysia

This book is written with a semi-empirical approach. The book refers to cases, authoritative articles from reputable journals and books.

However, reference is also made to statutes, guidelines, online news, white papers, government reports, and policymakers report.

This book will be a definitive reference on topic related to shipping and logistic laws in Malaysia.

Author: Mohd Yazid Zul Kepli

ISBN: 978-983-9275-69-8

Year Published: 2023

Price: RM100

Pages: 558

Table of Contents

Preface

Abbreviations

Acknowledgement

Foreword

INTRODUCTION: MALAYSIA’S MARITIME SECTOR 

CHAPTER 1: MARITIME TRADE IN MALAYSIA

• Maritime Ecosystem
• Maritime Education
• Challenges and the Way Forward
• Shipping Governance
• Maritime Strategy and Policy
• Associations and Agencies
• Ports
• Port Authorities
• Port State Control
• Ship Registration
• Ship Registry
• Shipbuilding and Ship Repair
• Shipbuilding Contract and Financing
• Training and Certification
• Education and Training
• Maritime Security
• Maritime Safety
• Marine Pollution
• Sustainability Issues
• Multimodal Carriage

CHAPTER 2: LOGISTICS 

• Definition
• Logistics Services Framework in Malaysia
• Warehousing
• Transportation Services
• Freight Forwarding
• Integrated Logistics Services (ILS)
• The Maritime and Logistics Scheme
• Key Stakeholders in Logistics

CHAPTER 3: MARITIME HISTORY 

• Prehistory
• Ancient History
• Middle Ages
• Modern Era
• Maritime History of Malaysia

CHAPTER 4: INTERNATIONAL LEGAL FRAMEWORK 

• The International Maritime Organization (IMO)
• IMO Conventions
• Codes
• International Organisations and Regulators
• Cargoes
• Types of Ships
• Professional Mariners
• Maritime Documents
• Incoterms
• Marine Insurance
• Autonomous Ships and Smart Ports

CHAPTER 5: NATIONAL LEGAL FRAMEWORK 

• Laws and Regulations
• IMO Conventions Ratified by Malaysia
• Cargo Claims and Bailment
• Cabotage Policy
• Limitation of Liability
• Collision, Salvage, Wreck Removal, and Pollution
• Ship Arrest and Cargo Claims
• Security
• Judicial Sale of Ships
• Shipping Emissions
• Ship Recycling
• Jurisdiction and Dispute Resolution
• The Merchant Shipping (Amendment) Act 2017 (MSAA 2017)

CHAPTER 6: ADMIRALTY COURT AND CARGO CLAIMS IN MALAYSIA 

• History
• Admiralty Jurisdiction
• In Rem Jurisdiction – Ship Arrest
• Types of Cases
• Practice, Procedure, and Forms

CHAPTER 7: CARRIAGE OF GOODS BY SEA 

• Malaysian Law Governing Contract of Carriage
• The 2021 Amendments
• Which Voyages are Covered?
• Which Contracts Covered?
• Geographical Application
• Who is the Carrier?
• Contract and Tort Claims
• Carrier’s General Duty of Care
• Carrier’s Defences
• Burden of Proof
• Live Animals
• Deck Cargo
• Dangerous Cargo
• Limits of Liability – Goods Lost or Damaged
• Limits of Liability – Goods Delayed
• Loss of Right to Limit Liability
• Lower Limits by Agreement
• Higher Limits by Agreement
• Deviation
• The Effect of Statements in the Bill
• Required Information in the Bill
• Duties of Shipper in Supplying Carrier with Information
• Effectiveness of Letter of Indemnity Issued by Carrier for Carrier
• Not Clausing Bill
• Notification of Damage
• Consequences of Failing to Notify Carrier of Loss, Damage, or Delay
• Limitation of Action
• Where Can the Cargo Owner Commence Proceedings?
• Arbitration
• Provisions that Conflict with the Rules

CHAPTER 8: IMPLIED OBLIGATIONS IN A CONTRACT OF AFFREIGHTMENT 

• Conventions and Standards
• Obligations and Rights of Parties Under the Hague Rules
• Common Law’s Implied Obligations
• Seaworthiness
• History
• Definition
• Seaworthiness Under Common Law
• Requirements Under International Conventions and Codes
• Consequences of Breach
• The Doctrine of Stages
• Duty of Care
• Duty to Take Reasonable Care of Cargo
• Delegation of Duties
• Reasonable Despatch
• Nature of Obligation
• Effects of Breach
• Liberty Clause
• Cancelling Clause
• Duty Not to Deviate
• Justifiable Deviation
• Unjustified Deviation
• Waiver
• Effects of Unjustified Deviation
• Dangerous Goods
• Definition
• Nature of Obligation
• Effects of Breach
• Knowledge or Consent
• Safe Port Obligation
• The Scope of Duty
• Absolute and Qualified Warranties
• Express Waiver and Consent
• Duty to Renominate
• Refusal of Nomination
• Remedies
• Duty to Provide and Load a Full and Complete Cargo

CHAPTER 9: BILL OF LADING 

• Transfer of Bill of Lading and its Effects
• How Bill of Lading Operates
• Terminology
• Classification
• Roles and Purposes of Bill of Lading

CHAPTER 10: CHARTERPARTIES 

• Types of Charterparties
• Standard Forms
• The Important Differences Between Demise/Bareboat Charter with Others
• Effects of Demise/Bareboat Charter
• Voyage Charterparty
• Terms and Features of Voyage Charterparty
• Standard Terms
• Time Charterparty
• Terms and Features of Time Charterparty
• Standard Terms

CHAPTER 11: FREIGHT 

• When and Where is it Payable?
• Types of Freight

CONCLUSION