Shipping Lawyers: The Siren Call of the Sea

Tracey Yeo speaks to six lawyers who practise shipping law to find out what drew them to this area of work, and the rewards and challenges of engaging in shipping work.

The siren call of the sea has been heard not only by mariners, but lawyers who have journeyed into shipping law.

All six lawyers interviewed by The Singapore Law Gazette (SLG) professed to harbour a love, or at least a liking, for the sea, ships or water sports.

'I have always found the sea indefinable, romantic and fascinating,' declared Winston Kwek, who heads the eight-lawyer Shipping Department at Colin Ng & Partners.

A fascination for ships led Dharmendra Kunjuraman of Haridass Ho & Partners to earn a Master of Laws degree, specialising in shipping subjects before entering legal practice.

Vivian Ang

For Vivian Ang, who leads a Shipping Group of 15 lawyers at Allen & Gledhill, her work seemed a natural progression from her love for the sea and yen for adventure. Some lawyers observed that a majority of shipping lawyers they knew tended to be very outgoing or sportspersons. Collin Seah, a partner at Rajah & Tann's 20-lawyer shipping department had been a rugby player whilst colleague Lim Tean, a partner in the same department, said, 'I play golf — it is currently the shipping industry's game.'

Winston is an all-round sportsman, who scuba dives and plays games ranging from football to golf, whilst Dharmendra swims and joins in the occasional game of rugby or football.

'Most of the lawyers I know are very outgoing and have no qualms boarding a ship even in rough seas or carrying out investigations at short notice and at any time of the day or night should the job call for it,' Vivian told the SLG.

The lawyers interviewed agreed that the fraternity of local shipping lawyers was a small one, dominated by fewer than ten firms. Some of the lawyers added that many had either met or knew of each other.

'There are perhaps about 100 or so lawyers practising shipping law in Singapore,' estimated Vivian.

'Many of the lawyers who actively practise shipping law know each other professionally. Minor issues can usually be sorted out by compromise, and unnecessary disputes prevented,' Collin observed.

'In the United Kingdom, there is an established demarcation between lawyers who deal with “wet work” and “dry work”', said Winston, 'However, in Singapore, there seems to be less clear segregation.'

The lawyers also explained the terms 'wet work' and 'dry work', which whilst common in shipping parlance, had no fixed definition.

'Wet work usually involves shipping casualties or accidents and can involve both tortious and contractual elements,' explained Collin, whilst Winston observed that, 'Salvage, collisions and groundings are generally considered “wet” or admiralty work.'

'Dry work includes charterparty disputes, cargo claims and claims which are contractual in nature,' Vivian said.

One challenge of shipping work, the lawyers say, is navigating through a maze of different conventions, laws and regulations which apply to different areas of shipping work.

'It is important to keep abreast of developments in the law and to be familiar with the numerous statutory provisions and the different conventions relating to the different forms of transport and to different aspects of maritime law, for example, oil pollution, limitation, salvage, etc,' explained Vivian.

'You must also be familiar with a wide range of contractual documentation relating to, for instance, the carriage of goods, the charter of vessels, banking, insurance, etc ... Last but not least, you must be familiar with the rules of procedure that apply to admiralty claims,' she added.

'Shipping work is intellectually rigorous and offers the interested lawyer the opportunity to apply the principles of contract law, tort and conflict of laws to a multitude of daily problems. It is no coincidence that many of the developments in these three branches of law have emanated from shipping cases,' commented Lim Tean.

Meeting so many people has allowed the lawyers a glimpse into different cultures, attitudes and ways of life.

'It really opened my eyes,' revealed Lim Tean, 'I get to experience the way other nationalities conduct their business affairs and solve problems. What may seem to be a disorganised way of doing things may actually have meaning; it's just that you may not understand the purpose behind it initially.'

However, a few lawyers advised that some difficulties can arise in the course of dealing with people from all over the globe. For instance, extra care has to be taken when interviewing foreign witnesses, such as crew, who speak little or no English.

'They may not understand what you are asking. You may have to get translators and test their answers to see whether they are accurate,' Collin cautioned.

'The technical aspects can be picked up from dealing with the experts, reading up on the subject and attending courses,' contributed Vivian.

'The biggest challenge is balancing work and family life,' declared Michael Lai, a partner in Colin Ng & Partners' Shipping Department, who shared that half of his eight-day honeymoon had been interrupted due to work in Europe.

All recognised the need to act and react quickly to dynamic situations, sometimes having to travel to the scene of a shipping casualty within hours of its occurrence.

'We operate in real time; everything must be at your finger tips,' exclaimed Winston. 'We are expected to go on board immediately after an incident to collect evidence in preparation for trial and to protect clients' interests.'

Added Lim Tean, 'You never know when the next crisis is going to hit you and the ability to adapt and to reschedule your time to deal with new matters is important.'

Some lawyers told the SLG that it was not unusual for shipping lawyers to visit ships or shipyards to investigate the facts surrounding their case, and advised that extra care must be taken, for instance, in boarding ships and in shipyards.

'Care must be taken in visiting such places as accidents can happen to the unwary. These places have the usual hazards associated with workplaces, such as slippery surfaces, danger from falling objects or even falling overboard,' one lawyer said.

'It is part and parcel of the work,' said Vivian. 'I have spent long hours with masters and crew taking statements, boarded ships at odd times of the day and night and inspected engine rooms. Even during my pregnancy, I had to board an oil rig and attended site inspections under less than safe conditions to investigate how cargo damage had occurred.'

Yet, the lure of shipping still holds many of the lawyers in its thrall, and they professed that they would not consider leaving the shipping industry.

'The wheeling and dealing in the shipping industry is fascinating,' confessed Michael.

'Shipping is the most international and purest form of commercial work that you can practise. You have the chance to meet the widest range of people from all over the world. I can't imagine doing anything else,' declared Lim Tean.

One lawyer even shared some rewarding incidents in the course of his work. 'On one occasion, grateful clients hosted a Mediterranean dinner for some friends and myself on board a ship, where we dined al fresco in the sunset,' he recalled. 'Another thankful crew gave me a seaman's outfit and signed their names on it. They also gave me memorabilia from various countries.'

Yet, some lawyers admitted that the shipping industry has been a male biased one and that the proportion of women in the shipping industry was still not proportionate to their representation in other areas of commerce.

'There has been a mindset in the industry that a shipping lawyer has to be male, but gradually this mindset has changed,' said Lim Tean, who has observed a significant increase in female shipping lawyers in recent years.

Said Collin, 'He must take his work seriously, be meticulous and willing to learn. He must think very commercially in resolving a case and can't be too caught up in niceties of the law which may make no substantive difference.'

'The ideal person should, in the broad sense, be an internationalist,' concluded Lim Tean, 'To be a good shipping lawyer, you should not only concentrate on legal aspects, but also know the practices of the industry. You must have an avid interest in what is happening in the world and not just in the legal field. After all, shipping is intimately connected with world commerce, politics and environmental concerns.'

Tracey Yeo
Director, Media & Publications
The Law Society of Singapore