Practice Areas
Specialist Admiralty
Solutions
Three focused practice areas that cover the majority of maritime disputes arising under Malaysian law and international shipping conventions.
← Back to HomeOur Methodology
How We Approach Each Matter
Matter Intake
Structured collection of all relevant facts, documents, and timeline to assess the legal position accurately.
Legal Analysis
Liability and quantum reviewed against the applicable Malaysian statute and international convention.
Position Paper
Written opinion documenting liability assessment, recommended strategy, and next-step options.
Action / Proceedings
Where proceedings are warranted, counsel files and manages the matter in the Admiralty Division or co-ordinates arbitration.
Bill of Lading Dispute Advisory
From RM 680 per engagement
Disputes over bills of lading arise frequently in trade through Malaysian ports — cargo arriving damaged, short-landed, or delivered to a party not entitled to receive it. Each scenario carries different liability implications depending on the terms of the bill, the applicable convention, and the nature of the carrier's obligation.
Tuah Partners provides advisory counsel to shippers, consignees, and freight forwarders, analysing liability under the Carriage of Goods by Sea Act 1950 and the Hague-Visby Rules incorporated into Malaysian law. Switch-bill complications — where a second set of original bills is issued against surrender of the first — are a specific area of expertise given their particular risk profile.
What is Included
- Review of the bill of lading, cargo documents, and survey reports
- Liability analysis under COGSA 1950 and Hague-Visby Rules
- Assessment of carrier's defences and exceptions
- Quantum analysis of provable loss
- Written position paper with recommended next steps
Ship Arrest & Release
From RM 2,700 per engagement
An action in rem — arresting a ship — remains the most powerful enforcement tool available to maritime creditors under Malaysian admiralty jurisdiction. It provides security for the claim by compelling the shipowner to provide bail or furnish a guarantee in order to release the vessel.
Tuah Partners files and prosecutes admiralty actions in rem at the Admiralty Division of the Kuala Lumpur High Court. We advise on whether the maritime claim qualifies for an arrest, manage the warrant of arrest application, attend court, and conduct bail negotiations with the vessel's representatives. Where a client requires a caveat against release — to protect an interest before filing their own action — we manage that protective step as well.
What is Included
- Assessment of maritime claim and arrest eligibility
- Warrant of arrest application drafted and filed
- Court attendance at the Admiralty Division
- Bail and security negotiations with opposing party
- Caveats against release where required
- Security assessment — letter of undertaking or P&I guarantee review
Charter Party & Marine Insurance
From RM 4,800 per engagement
Charter party disputes — whether over laytime and demurrage, off-hire, cargo condition, or redelivery condition — require careful analysis of the specific charterparty form, any rider clauses, and the applicable law. Many Malaysian-connected charters are on NYPE, Baltime, or Gencon forms subject to English law, bringing international convention and arbitration practice into the analysis.
Our advisory covers time and voyage charters, demurrage claim quantum, coverage disputes under open cover or voyage policies, and P&I club correspondence. Where the matter proceeds to London arbitration, we co-ordinate with LMAA-appointed arbitrators and London maritime solicitors, preparing the Malaysian law component and managing communications on behalf of the client.
What is Included
- Charter party interpretation and laytime calculation
- Demurrage quantum analysis and supporting worksheet
- Marine insurance coverage review and dispute advisory
- P&I club liaison and correspondence management
- Written position paper with liability and quantum assessment
- London arbitration coordination (LMAA) where applicable
Choose Your Solution
Solution Comparison
Use this matrix to identify which solution best fits your circumstances. Multiple services may apply to a single dispute.
| Feature | Bill of Lading Advisory | Ship Arrest & Release | Charter Party & Insurance |
|---|---|---|---|
| Suitable for cargo damage claims | — | ||
| Suitable for misdelivery disputes | — | — | |
| Enforcement via court proceedings | — | — | |
| Demurrage quantum analysis | — | — | |
| P&I club liaison | — | ||
| London arbitration coordination | — | — | |
| Written position paper included | |||
| Engagement fee (from) | RM 680 | RM 2,700 | RM 4,800 |
| Best for | Shippers & consignees | Creditors & cargo claimants | Shipowners & charterers |
Across All Solutions
Professional Standards & Protocols
Legal Professional Privilege
All correspondence and advice is subject to legal professional privilege and held in strict confidence under Malaysian law.
Engagement Letter Before Work Begins
Every matter commences with a signed engagement letter defining the scope, fee, and deliverables — no ambiguity about what is and is not covered.
Malaysian Bar Compliance
All advocates maintain Malaysian Bar membership and comply with the Legal Profession Act 1976 and the Bar Council's professional conduct rules.
Professional Indemnity Insurance
The firm maintains professional indemnity cover at levels required by the Malaysian Bar, providing appropriate protection for clients.
Quantum Documentation
Claim quantum worksheets are produced in a format that can be shared directly with insurers, P&I clubs, or presented in arbitration.
Regular Matter Updates
Clients receive written status updates at agreed intervals — not summaries delivered only when asked. Clarity on where the matter stands at every stage.
Begin Your Engagement
Request a Solution Assessment
Contact Tuah Partners to discuss which service fits your circumstances. We provide an initial assessment of your matter's scope before the engagement commences.
Contact Tuah Partners