Insights / Updates

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Shipping Law Updates

The Shipping Law Updates is a publication by our Regional Shipping Group which marshals legal expertise, industry insight, and commercial acumen in the fields of maritime and trade from the diverse talent pool of specialist lawyers at the Rajah & Tann Asia offices. The publication provides a snapshot of the key legal, regulatory, case law and industry developments in the region that have an impact on the shipping industry and your operations.

In this issue, we consider the occurrence of supply disruptions in commodities trading and the contractual remedies available to affected parties along the supply chain – specifically, we take a look at the example of the Indonesia oil export ban earlier this year and the options available under the Palm Oil Refiners Association of Malaysia contracts. On the topic of international trade, we also examine the relationship between the sale contract, the carriage contract and the financing arrangements in the context of a recent judgment of Malaysia’s apex court in Malayan Banking Berhad v Punjab National Bank [2022] 4 MLJ 758 (Federal Court).

Moving on to topics involving vessels and crew, we discuss the statutory regimes for the payment of compensation to employees for workplace injury and how it interacts with private settlements, against the backdrop of the recent Singapore High Court decision involving a crewmember aboard a vessel in M.T.M. Ship Management Pte Ltd v Devaswarupa & 3 Ors [2022] SGHC 178. We also take a look at the Bombay High Court's decision The Swedish Club v V8 Pool Inc. and Other. (Commercial Appeal Nos. 108 and 111 of 2021), which considered whether crew wages incurred post-arrest could be ranked as Sheriff's (or marshal's) expenses, and whether recoupment of such wages and Maritime Labour Convention expenditure by a P & I club are also to be treated as Sheriff's expenses.

Amended Public Limited Companies Act – Holding Meetings Now Easier

With effect from 24 May 2022, the Public Limited Companies Act (No. 4) B.E. 2565 (2022) has added and amended provisions relating to director and shareholding meetings. The new amendments will make it easier to send notices and conduct meetings by electronic means and will also streamline other processes for the conduct of meetings. This Update provides a summary of the key provisions of the amended legislation. 

A Guide to Renewable Energy in Southeast Asia

Globally, nations and regulators are rallying their people and businesses to combat climate change. At the most recent 2021 United Nations Climate Conference of the Conference of the Parties ("COP26"), attaining net zero emissions by mid-century was underscored as a key outcome. To achieve this target, there is an urgent need to phase out the use of unabated coal and increase investment in renewable energy ("RE"). The Association of Southeast Asian Nations ("ASEAN") member states have also affirmed their commitment to accelerate decarbonisation and cut emissions at the COP26.

Investment and deployment of RE is a key solution to decarbonisation and achieving the net zero emissions goal. ASEAN countries have taken steps to varying extents and effectiveness for energy diversification, including efforts to deploy RE and develop RE technologies. Each ASEAN country faces its own particular set of challenges and constraints in achieving its net zero emissions goal due to a myriad of factors including its stage of economic development, resources (financial and non-financial) and geographical constraints.

In this Guide, we provide an overview of the RE landscape in the region and certain salient legal and regulatory issues affecting the development and deployment of RE in Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.