Clive Navin Selvapandian.jpg

Clive Navin Selvapandian

Partner, Christopher & Lee Ong

Practice Area:

Shipping & International Trade
Commercial Litigation

LL.M (Maritime Law), University of Southampton, England (2013)
Advocate and Solicitor of the High Court of Malaya (2009)
Barrister-at-Law (Middle Temple) (2008)

T +60 3 2273 1919 / +60 3 2267 2692
E [email protected]

Clive is a specialist Shipping and International Trade Disputes lawyer.

He is involved in both ‘dry shipping’ disputes (claims on bills of lading and charterparties, etc.) and ‘wet shipping’ disputes (ship collisions, oil pollution at sea, tonnage limitation suits).

He also has experience in disputes involving multi-modal transport claims, international sale contracts and the Incoterms.

Clive is also involved in construction and other general commercial disputes.

He is a contributor to Malaysian Civil Procedure 2018 (commonly known as the ‘White Book’), a leading publication on civil procedure law.

Experience

Clive appears regularly in the Admiralty Court (a specialist court within the Commercial Division of the High Court) and in various commercial courts throughout Malaysia.

He has also been involved in arbitrations involving both shipping and construction disputes.

Shipping Disputes

Wet Disputes

  • Acting for Claimants in proceedings under the International Convention on Civil Liability for Oil Pollution Damage 1992.
  • Acting for Claimants in proceedings under the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001.
  • Acting for shipowners in proceedings under the International Convention Relating to the Limitation of the Liability of Owners of Sea-Going Ships 1957.
  • Acting for parties involved in proceedings under the Convention on Limitation of Liability for Maritime Claims 1976, as amended by the Protocol of 1996.
  • Acting for shipowners and insurers in proceedings brought by the Malaysian Maritime Enforcement Agency.
  • Acting for and advising on various disputes involving collisions at sea, oil pollution and proceedings brought under Malaysian environmental laws.
  • Acting for and advising both Arresting Party and Defendants/Respondents in numerous ship-arrest hearings, applications to set-aside arrests and claims for damages for wrongful arrests.
  • Acting for and advising the Arresting Party and other parties involved in in rem proceedings on all steps involved in a judicial sale of a vessel right up to the payment out of the proceeds of sale.
  • Acting for Defendants in an application to strike out a hybrid writ (a writ that conjoins an action in rem and an action in personam).

Dry Disputes

  • Acting for and advising cargo owners and shipowners in numerous disputes under the Hague Rules/ Hague – Visby Rules.
  • Acting for and advising parties on claims on bills of lading including those under the Bills of Lading Act 1855.
  • Acting for and advising charterers and shipowners on disputes under charterparty agreements and the subsequent arbitrations under the Kuala Lumpur Regional Centre for Arbitration Rules.
  • Advising parties on disputes arising from multi-modal transport contracts.
  • Advising and acting for parties in a dispute over the carriage of dangerous goods.
  • Advising on the Malaysian cabotage policy and regulatory laws governing merchant shipping in Malaysia.
Construction Disputes
  • Acted for the Main Contractor in disputes in relation to the Standard Form Contract prescribed by the Malaysian Institute of Architects.
  • Acted for major building consultants in a dispute over fees. The dispute involved questions of the arbitrator’s jurisdiction to hear the arbitration and the impact of the Malaysian Architects Act 1967 (Act 117).
  • Acted for contractors in a dispute over the building of pre-fabricated houses.
  • Acting for parties in injunction proceedings brought about to restrain the carrying out of construction works.
General Commercial Disputes
  • Acting for parties in contested applications to register foreign judgments in Malaysia.
  • Acting in contested applications for a stay of court proceedings in favour of arbitration.
  • Advising parties on disputes involving international commodity sale contracts.
  • Advising on potential breaches of a supply, delivery and installation contract for network system services.
  • Advising parties on derivative actions brought under Malaysian company laws.
Reported Cases
  • Newfield Peninsula Malaysia Inc. v. The Owners of the Ship or Vessel ‘Tanjung Pinang 1’ [2013] 10 MLJ 650, HC.
  • Rei Management Sdn. Bhd. v. The Owners of the Ship or Vessel ‘Inaimerak Super’ [2016] MLJU 1390, HC.
Memberships
  • Member, The Honourable Society of the Middle Temple (since 2008).
  • Member, Malaysian Bar (since 2009).
  • Member, Malaysian Bar’s Shipping and Admiralty Law Committee (since 2015).
  • Member, International Malaysian Society of Maritime Law (since 2016).
  • Member, Inter-Pacific Bar Association (since 2017).
  • Associate, Royal Institution of Naval Architects (since 2017).
  • Member, Maritime Arbitration Committee of the Kuala Lumpur Regional Centre for Arbitration’s Young Practitioners’ Group (since 2017).
  • Member, Young SIAC of the Singapore International Arbitration Centre (since 2017).
  • Member, Young International Arbitration Group of the London Court of International Arbitration (since 2017).
Publications
  • Contributor to Malaysian Civil Procedure 2018, Sweet and Maxwell [ISBN 978-967-2049-77-7].
  • ‘New Remedies for Seafarers’, The Sun, 6 February 2017.