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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.
If the ship is already in Malaysian waters, the Warrant of Arrest can be served on board typically within the same day or the next day, by the Sheriff of the Admiralty Court accompanied by the arresting party’s solicitor. Once the ship is arrested, the ship falls within the Sheriff’s custody.
Dec 2, 2021 · The Court jurisdiction is not limited to the geographical jurisdiction of the Kuala Lumpur High Court, but is within the whole of Peninsular Malaysia and the Federal Territory of Labuan. Recent developments include Arrest Warrants issued by the Court being executed against vessels in East Malaysia.
Dec 3, 2021 · In Malaysia, the importance of having a specialist Admiralty Court ("Court") gained impetus from the needs of the industry and this culminated with the setting up of the Court in October 2010. A common order issued by the Court is the Warrant of Arrest (" Warrant ").
If the ship is already in Malaysian waters, the Warrant of Arrest can be served on board typically within the same day or the next day, by the Sheriff of the Admiralty Court accompanied by the arresting party’s solicitor. Once the ship is arrested, the ship falls within the Sheriff’s custody.
Malaysia, the importance of having a specialist Admiralty Court (“Court”) gained impetus from the needs of the industry and this culminated with the setting up of the Court in October 2010.
This article gives an overview of the Malaysian Admiralty Court set up in 2010 as well as the law and practice of Ship Arrests in Malaysia. The article also provides some key differences from the Admiralty law of Singapore.
