AN Admiralty Court, dealing with all admiralty and maritime claims which commenced operations on October 1, is expected to resolve maritime industry disputes competently and expeditiously.
Chief Justice Tun Zaki Azmi said the court, located at the Jalan Duta Court Complex in Kuala Lumpur, will operate as a one-stop-centre to provide easy access to information on arrest, release and sale of vessels.
He pointed out that the clearance target to dispose of claims filed on October 1 was within nine months and that the period was comparable to Singapore and Hong Kong while all applications filed on an urgent basis would be heard immediately and disposed of within two months from the date of filing.
Hoping for the success of the Admiralty Court in the near future, Zaki said the purpose of establishing the court was to give parties the option, by consent, to have all their claims dealt with expeditiously at one centralised location.
"To facilitate its growth, a working committee will be formed to plan the way forward. I trust that with time, this court will achieve significant growth and acquire a reputation for both excellence and integrity," he said in his speech at the launching of the Admiralty Court at the Court Complex.
Also present were Chief Judge of Malaya Tan Sri Arifin Zakaria and Federal Court Judges Datuk Seri Md Raus Shariff and Datuk James Foong.
Zaki said for a start, two Commercial High Court Judges P. Nalini and Anantham Kasinather will hear cases and that there would be a High Court Registrar available at all times, even outside business hours in matters of urgency.
He stressed that since 2007, the maritime industry and the Malaysian Bar had clamoured for the establishment of an Admiralty Court, a court envisaged to expend most if not all of its time in the adjudication of maritime matters.
Zaki said for many years now, maritime- related claims had been dealt with by the Commercial Division of the High Court and with the establishment of such specialist court (Admiralty Court), it would mark the first step towards the efficient and expeditious resolution of maritime dispute.
"With the significant expansion of commerce in the oil and gas and shipping sectors, the call for such a specialist court grew," he said.
Among the cases which come under the Admiralty Court's jurisdiction are claims relating to transaction of international trade and commerce, including shipping agreements, import and export, carriage of goods by sea, construction, design, maintenance and repair of ships.
There are 65 case admiralty and maritime cases in the country which are still active while 14 are backlogged.
Later at a press conference, Zaki said with the setting up of the court, it would attract people who have disputes to file the case in the Kuala Lumpur Court and that it would build up the business of lawyers in the business sector.
As an example, he said when disputes happen in the Straits of Malacca, most of the people went to the Singapore Admiralty Court to resolve them as their perception was that it would be more efficient and faster to dispose of their claims.
"Hopefully with the setting up of this court, we will attract people to come to Kuala Lumpur, instead of choosing to go to Singapore or Indonesia, in that way we will build up the business ... it's for the benefit of the business community and the economy," he said. - Bernama
