4 days ago
- Business
- New Straits Times
Experts laud move to establish dedicated maritime court
KUALA LUMPUR: The soon-to-be-tabled Admiralty Bill, which seeks to establish a dedicated maritime court, is a timely and necessary step, say maritime law experts.
Universiti Malaysia Terengganu (UMT) maritime policy expert Professor Datuk Dr Saharuddin Abdul Hamid said the initiative marks a significant progression from the current Admiralty Court framework, which operates under the High Court in Kuala Lumpur.
"An Admiralty Court is a specialised court to deal with maritime disputes. As Malaysia continues to grow as a strategic maritime nation, the need for a robust legal infrastructure tailored to these issues cannot be overstated," he told the New Straits Times.
While the existing Admiralty Court is functional, he said it lacks the depth of specialisation required to effectively resolve the growing number of maritime disputes.
"A dedicated maritime court would allow for the appointment of judges and legal personnel with deep expertise in international maritime law. This level of specialisation will ensure more consistent and informed rulings. This brings Malaysia closer in line with global maritime legal hubs such as Singapore and the United Kingdom," he said.
He said time is often critical in cases involving vessel arrests, cargo damage, charter party disputes and pollution claims. A court focused solely on maritime matters, he said, would reduce case backlogs and enhance resolution timelines, reinforcing confidence among both domestic and international stakeholders.
UMT senior lecturer Wan Mariam Wan Abdullah said location accessibility was a long-standing issue, as the current court only sits in Kuala Lumpur.
"Ports in Klang, Tanjung Pelepas, Penang and Johor are underserved. Regional divisions under a new court would bridge that gap," she said.
She added a specialised court would also improve coordination with enforcement agencies and port authorities, particularly for enforcement cases involving ship detentions, pollution breaches and port regulations.
She added the move would also position Malaysia as a cost-effective alternative to Singapore for maritime dispute resolution and expand maritime arbitration services to attract international cases.
Meanwhile, maritime lawyer Srimurugan Alagan welcomed the concurrent effort to review outdated maritime legislation under the Maritime Law Revision and Reform Committee (MLRRC), chaired by Federal Court judge Tan Sri Nallini Pathmanathan.
"Many of Malaysia's maritime laws are based on pre-Merdeka laws, such as the Merchant Shipping Ordinance 1952, and they were drafted for the applications of that time. It is not keeping up with modern industry developments," he said.
He said the committee's review of six core maritime-related laws was a major step forward as Malaysia is positioning itself as a shipping hub.
"We're in competition with countries like Singapore, which are far ahead in this regard. So it's important that our maritime laws are updated and competitive," he added.
Yesterday, Loke said the Transport Ministry will table an Admiralty Bill. He said the Bill would be presented during the third session of Parliament this year, scheduled between October and December.
Loke added that the MLRRC had been given one year to complete its review, which was aimed at harmonising the outdated laws.
