MARITIME and OFFSHORE ENERGY Practice

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1 MARITIME and OFFSHORE ENERGY Practice Quality Service with Excellent Delivery Joseph& Partners ADVOCATES SOLICITORS

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3 About Us Joseph & Partners is a reputable law firm in Malaysia with a specialised Maritime and Offshore Energy practice. We provide legal services for both contentious and non contentious aspects of Maritime and Offshore Energy law, which includes transactional & advisory services. The firm s partners, associates and strategic alliance partners have collectively, more than 2`5 years of vital industry experience. Over the years we have carved considerable exposure in Maritime and Offshore Energy matters ranging from cargo claims, admiralty processes, marine casualties, arbitration, energy related contracts and transactions, insurance disputes and other matters. We are regarded as one of the country s foremost experts in Maritime and Offshore Energy law. We have acted for clients in every area of the Maritime and Offshore Energy business. Our clients include shipowners and charterers, port operators and freight forwarders, hull and cargo insurers, P&I Clubs, shipyards, banks, ship and bunker supply companies, marine engineering companies, ship and chartering brokers, multinational oil companies, operators and contractors. Our Offshore Energy sector clients require a full service and specialist legal advice, so, as and when required, we bring to bear the considerable and highly skilled resources of expert consultants in areas of Offshore Energy, LNG, EPC, FPSOs, shiprepair and ship building, ship conversion contracts, domestic and international cross border matters and multi-jurisdictional work. Our Team CONTENTS 01. About Us 02. Our Speciality 03. Our Experience 04. Our Expertise 05. Arbitration & Mediation Practice 07. Accolades Joseph& Partners ADVOCATES SOLICITORS Suite J-7-2, Block J, Level 7 Solaris Mont Kiara, Jalan Solaris Kuala Lumpur, Malaysia Tel : Fax : info@jnplaw.my Website : We are a multi-facetted team bringing together a diverse range of skills and know-how. We continuosly exceed expectations. We are domain experts who specialise in focused practice areas and we believe that Information and Communication Technology helps us to make us more productive, efficient and thus, more effective, leading to better cost controls and management of our billings. We continue to focus on research and industry developments to provide the best service to our clients. 01

4 Our Speciality MARITIME Our firm s Maritime practice covers all aspects of Maritime law. This ranges from marine casualties, admiralty disputes, ship finance to day-to-day commercial disputes arising under shipping contracts. These can include charterparties and bills of lading as well as shipbuilding contracts. Our clients business and their needs are foremost in our approach to them as we give commercially minded advice. Our Maritime practice advice includes: Arrest of Ships and Releases from Arrest Methods of obtaining security or evidence Liens, Towage, Salvage and Pilotage Collision, Fire, Grounding, General Average and Salvage Marine Safety and Pollution Freight, Hire, Demurrage and Other Sums due under Charterparties and Bills of Lading Withdrawals, Cancellations and Wrongful Terminations Shipbuilding and Ship Sale Agreements Agency / Freight Forwarding Matters Freezing Injunctions, Enforcement of Foreign Judgements and Arbitration Awards, Ports, Harbours and related services Ship and Asset Financing OFFSHORE ENERGY Our team provides advice on the full range of upstream and midstream work, with key expertise in: Charterparties claims relating to physical damage to fixed and floating objects employment and crewing issues insurance claims under policies of marine hull, P&I and CAR Insurance knock-for-knock indemnities and exlcusion clauses maritime pollution personal injury, loss of life and compliance issues financing dispute resolution Oil and Gas exploration and production Refining, transportation and marketing of petroleum products Oil, gas, and product pipelines, terminals and storage facilities FPSO, FSO FSU Shipbuilding, ship-repairs and conversion contracts LNG plants and facilities Gas processing and gathering facilities 02

5 Joseph & Partners Our Experience The practice is particularly renowned for its contentious and non contentious maritime capabilities and has advised on numerous transactions. A few of our instructions have included the following: Acted as a foreign law expert in a US Court suit concerning an unjust enrichment dispute between shipowners and bunker suppliers, which later became a leading reported US case on maritime liens afforded to bunker suppliers. Acted for a British Bank in a US$3.5 million enforcement claim against a luxury yacht in Langkawi. Acted for Owners in a US$3 million dispute with shippers over alleged fraudulent pre-dating of a bill of lading. The firm succeeded on appeal in the Federal Court. Acted for salvors in a lien US$0.5 million admiralty dispute with shipowners. Acted for Standard Chartered Dubai in advising on a US$44 million loan over a Mobile Offshore Drilling Unit (MOPU) in Labuan. Acted for shippers in a US$1 million dispute with shipowners, which later became a reported case on the principles on setting aside an in rem appearance. Acted as solicitors for shipowners in a dispute in the Court of Appeal over ship arrest as security for an arbitration claim. Acted for a Singaporean bank in a multiple arrest of ships in relation to a complex US$15 million shipbuilding and ship financing dispute. Acted for a Malaysian Bank in a US$3 million dispute over title and ownership of a vessel under a shipbuilding contract. Acted for a Malaysian port in relation to a US$2 million damage claim against shipowners and their sub contractors. Acted for shipowners in an arbitration dispute with charterers over a US$1.5 million claim. Acted for cargo owners in a US$3 million claim against insurers over the piracy case in the Gulf of Aden. Acted for insurer in a US$33 million marine insurance dispute with a leading crane manufacturer, which collapsed in Bintulu, Sarawak. Acted for P&I Club in a US$3 million arbitration COA dispute with charterers. Acted for an international commodity trading house in a US$4.2 million dispute with an energy company. Acted and continues to act on various arbitration, admiralty and insurance related disputes 03

6 Your First Port of Call in Malaysia Asian Legal Business 2010 Our Expertise Jeremy Joseph Mobile: Jeremy has a Masters degree in maritime law from the University of Southampton and a recipient of the Chevening scholarship from the British High Commission. Jeremy started his professional life as a marine insurance broker before he embarked on a legal career as an Associate at the Singapore office of Holman Fenwick & Willan for several years. In 2002, he set up Messrs Joseph & Partners in Kuala Lumpur. The firm comprising a team of lawyers has been acknowledged by Legal 500 and Chambers Asia in 2009, 2010 and 2011, as a leading shipping firm in Malaysia. Jeremy was also the winner of Global Awards for the 2011 Malaysia Shipping Lawyer of the Year run by Corporate INTL UK. Jeremy frequently acts as counsel and co-counsel in various shipping, insurance and arbitration matters. He currently advises shipowners, P&I Clubs, banks, charterers, insurers and other commercial parties. He has written numerous articles that have been published in leading law journals and authored and co-authored the Shipping, Insurance and Carriers volumes of Halsbury s Laws of Malaysia. He was the former Chairman of the Shipping & Admiralty Committee, for the Malaysian Bar. He has previously served in the Admiralty Court and Maritime Law Taskforce initiated by the Malaysian Chief Justice and the Maritime Arbitration Working Committee initiated by the Kuala Lumpur Regional Centre for Arbitration. Joseph& Partners ADVOCATES SOLICITORS 04

7 Arbitration & Mediation Practice In Maritime & Offshore Energy Disputes 05

8 Our Expertise in Dispute Resolution Resolving Maritime and Offshore Energy Disputes either domestically or internationally for our clients through Alternative Dispute Resolution ( ADR) Mechanisms is an important service we provide. ARBITRATION We can help clients by: Advising and drafting contracts with appropriate ADR clauses in maritime and oil and gas contracts Providing our client with a specialist team to handle maritime and oil and gas disputes with hands-on industry experience Avail our client with our extensive experience in conducting and managing domestic and international arbitrations in particular those with cross border issues Provide our client the benefit of our experience in conducting arbitrations under KLRCA, ICC, LMIA, LCIA, SIAC Ability to conduct arbitrations both locally and internationally in such locations like Kuala Lumpur, Singapore and London and other places. Enforcing arbitration awards Key credentials Representing clients with cross border disputes in particular in maritime and oil and gas relates matters Evaluating the best strategies for resolving the disputes Advising and negotiating settlements and drafting settlement agreements Advising on enforcement measures of arbitration awards MEDIATION Effective for resolving business disputes Joseph & Partners Chambers and Partners ranks Jeremy Joseph and Joseph & Partners in Band 1 of Shipping Lawyers and Firms in Malaysia. This leading firm has a great deal oif expertise in handling both litigation and advisory matters, where it receives particular praise for its skill in arbitration issues. We can help clients by: Representing clients in a mediation process Advising the clients on the use of mediation in the first instance to resolves disputes where the parties control the resolution of the dispute and save costs. Act as Mediator in a dispute. Key credentials Jeremy Joseph as trained mediator with the Malaysian Bar Council, and an accredited Mediator with Malaysian Mediation Centre can provide clients with his services as a mediator to effectively resolve disputes in the first instance. Jeremy has the advantage of almost 18 years first-hand experience in the commercial side of the shipping, insurance and commercial activities and can bring this to the mediation process to assist clients to find a workable solution to their dispute. 06

9 JOSEPH & PARTNERS... excellent services with good results Legal 500 Asia Pacific 2011/

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12 Joseph & Partners Suite J-7-2 Block J, Level 7 Solaris Mont Kiara Jalan Solaris Kuala Lumpur Malaysia Tel : Fax : info@jnplaw.my Website : Joseph& Partners ADVOCATES SOLICITORS