This interview has been published by Priyanka Karwa and The SuperLawyer Team
Can you share your journey and what inspired you to pursue a career in law, specifically specializing in Maritime & Admiralty, International Law, and other related fields?
When I started my law studies, I was interested in exploring the role of law as a foundation of business dealings, especially international business.
I was intrigued to discover the area of shipping was the connecting factor in these areas. Unlike some perceptions, the area of shipping was not small in scope. It encompassed international trade as traders used ships to transport their goods, international finance as banks financed these transactions, and insurers insure these shipments. I later found out there was Wet and Dry Shipping, Corporate or Transactional Shipping and Maritime Arbitration as well.
That was the launch pad for my interest in shipping. With that interest, I took shipping and shipping-related subjects in law school. I was fortunate to be able to study at the National University of Singapore where I was taught and inspired by great teachers.
Professor EP Ellinger was a powerhouse in Banking and International Finance, Professor FMB Reynolds who hailed from Oxford taught Agency and Shipping subjects and the most brilliant teacher was the late Professor Tan Yock Lin who taught Conflicts of law, he was a brilliant legal mind who made difficult concepts in Conflicts easily understandable. I did well in school and constantly called upon what I studied in my cases. I do encourage law students to concentrate well on their studies because these are invaluable foundations for practice.
With over 33 years of experience, you have vast expertise in both contentious and non-contentious areas of law. How did you navigate and develop such a diverse skill set throughout your legal career?
I saw law as a technical field, that cases and principles are building blocks to craft agreements, transactions and eventually. In litigation, I soon discovered that strategy and effective advocacy win cases, the more cases we handle we develop muscle memories which we can call upon in advocacy.
Soon I was able to see that each witness can present a treasure trove of evidence to cross-examine. I also learnt to adapt; as much as we can prepare for a case, the circumstances of a trial or a judge’s questions and directions may force us to abandon our prepared script to adopt a better and different strategy.
I started in litigation. After a few years into practice, I wanted to have both a transactional as well as a disputes practice and I am happy to say I handle both contentious and non-contentious areas.
Some of the notable transactional work in which I was involved was various ship sale and purchase as well as ship financing cases. When MISC the Malaysian Carrier wanted to go into the energy business, it bought Newbuildings from Japanese Yards, these were the Puteri Vessels that kickstarted the business and MISC is not a major LNG carrier. I was the Syndicated Lenders’ local lawyer.
I was also involved in several due diligence of Shipping Companies, Joint Ventures and reorganization of the Shipping Companies Malaysian assets and companies. When the Genting Group sold its luxury yacht Tranquility to a US buyer I acted for the buyer.
Being recognized by Chambers and Legal 500, among others, for your expertise in Maritime Law, what do you believe sets you apart in this field, and how do you approach resolving matters to the satisfaction of your clients?
In legal practice, it is not an effort if we enjoy our work and I do. Every case presents a challenge and a new learning opportunity. I do not believe that I possess any qualities different from other lawyers, apart from that I enjoy what I do.
Some talk of finding one’s purpose in what we do, I don’t agree. I think purpose can change. I would rather believe that we can be energized by our daily routine, by the challenge of difficult cases, or by victories of small wins or overturning of a case on appeal. We need these to sustain us because law is a very involved and demanding profession.
In addition to your legal practice, you’re also a Practising Arbitrator empanelled with various international panels. How does your role as an arbitrator complement your work as a lawyer, and what unique perspectives do you bring to dispute resolution?
Arbitration and litigation are contentious legal practices. The skills of a litigator are important skills for arbitration too, whether one sits as an Arbitrator or as Counsel in Arbitration.
You’ve been involved in notable cases, including arguing the inaugural reported decision of the Malaysian Admiralty Court. Could you share insights into the challenges and rewards of handling such significant cases in the maritime industry?
Difficult cases challenge me. That forces me to figure out how to best strategize the handling of the case, the conduct of the litigation. There will always be an approach we can adopt which can make complex cases managable or make them simple. We need to develop muscle memory for this. Along the way the bonus is when the cases we argue establish law, a principle not established before. I have had a few of these.
Your extensive contribution to legal literature, including authoring key practitioner texts, speaks to your commitment to legal scholarship. How has academic writing and research influenced your understanding of the law and your approach to legal practice?
Some 2 decades ago I found a dearth of Shipping Texts in Malaysia. I convinced LexisNexis (then Malayan Law Journal) to introduce these in Malaysia and eventually, I wrote the original editions of Halsbury’s Malaysian titles in Shipping and related subjects. I was particularly happy to write the Volume on Conflict of Laws; Conflict of Laws issues often crop up in Shipping and International Arbitration.
I also authored the Annotated Merchant Shipping Laws, Forms and Precedents on Shipping which contain transactional agreements. I was later invited by Sweet and Maxwell to write the Chapter on Carriage of Goods by Sea which contains precedent pleadings used in litigation and arbitration.
The writing ensures that I have a good grasp of the law, and this is invaluable when I handle cases. Funnily I have faced opponents in Court citing my writing unknowingly.
Having practiced in both Singapore and Malaysia, what are the unique challenges and opportunities you’ve encountered in each jurisdiction, especially in the context of maritime law?
I started my practice in Singapore before returning to Malaysia. I was very happy when Malaysia established the Admiralty Court in 2010 and I was able to argue the inaugural reported case of the Court in the case of The Istana VI. Since then, I regularly handle cases in the Court amongst others prosecuting ship arrests or challenging them.
The laws applied by the Singapore Courts are not much different and I believe that both the Singapore and Malaysian Shipping Bar have good lawyers. The Singapore ecosystem however is more varied with a healthy variety of international firms including many specializing in maritime law.
As an Adjunct Lecturer in BAC Malaysia’s law school, what advice do you give to law students looking to specialize in maritime law or pursue a career similar to yours?
Be interested in what is taught. Not many universities have maritime law as a subject at the LLB level. Curiosity, Initiative and Hard Work are most important.
It is good to have a specialization in mind, but maritime law can be acquired after graduation. It is important that the young lawyer enters a firm that handles the area. The on-the-job training is much more important.
I have trained many young lawyers in this field, and they picked up the areas well. Tan Sri Nallini Malaysia’s first Admiralty Judge never did Shipping cases when she was a practitioner and Her Ladyship had done much to establish jurisprudence in the area. She is easily amongst Malaysia’s top judges.
In your experience, how important is it for legal professionals to stay updated on evolving legal landscapes, especially in areas like maritime law, and what strategies do you employ to stay abreast of industry developments?
Keeping up to date is crucial. I find that LinkedIn is a great tool to do that because the lawyers do post and share useful content. I do post from time to time too. Reading outside of the law widely is also important.
Lastly, considering your wealth of experience, what advice would you like to share with recent law graduates who are entering the field today, particularly those interested in maritime and admiralty law?
Be curious about learning. Read widely. Seize opportunities when they appear, do not neglect the training experience, it is an invaluable time, not to be squandered. Get onto complex cases early even if the role is a minor one. Your friends and family will be your invaluable support through challenging times.
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