Wiwin Abdul Kahar
Senior Partner - Shipping, International Trade & Logistics, Dispute Resolution
LLB (Hons) MARA University of Technology (UiTM)
Advocate & Solicitor, High Court of Malaya
Called to the Malaysian Bar: 2008
Wiwin is a Senior Partner of Rahayu Partnership, a boutique maritime law firm in the heart of Kuala Lumpur which is part of the Joseph Tan Jude Benny (JTJB) Global Network.
Wiwin graduated from MARA University of Technology (UiTM) with a Bachelor of Law (Hons) in 2005 and was then was called to the Malaysian Bar in 2008.
Wiwin started her practice doing banking litigation in Kuala Lumpur, before venturing into the world of maritime law till the present.
Contentious work
- - Acted for a foreign fuel company in pursuing legal action for unpaid bunker supplies
Acted for vessel owner for loss and expenses suffered arising out of a collision
Acted for foreign cargo owners against ship owner for damage of cargo due to collision with another vessel
Acted for a company supplying crane and equipment for rental to claim for damages caused to their equipment against the company who rented the equipment
Acted for a foreign company to claim for outstanding payment for supply and delivery of lubricants
Acted on behalf of a foreign company against a local company to claim for handling charges, storage charges and detention charges incurred as a result of the consignee not taking delivery of the cargo
Acted for a ship owner for a claim for damages/loss suffered as a result of an oil spill in a limitation of liability action
Acted for a ship management company in a claim against them for damages suffered to a restaurant structure as a result of collision by one of their boats
Acted for a foreign property and casualty insurance company against a local reinsurance company for outstanding payment under several reinsurance contracts
Acted on behalf of a local manufacturer to obtain a mareva injunction against several parties for breach of contractual terms
Acted for a foreign company for indemnity as a result of several vessels being arrested
Acted for a shipping company whose vessel was detained by authorities on alleged allision
Non-contentious work
- Provided advice on documentation in relation to sale and purchase of vessels, whether through judicial sale or private treaty, registration and reflagging
Provided advice on terms/clauses under charterparties, bill of ladings, contracts involving sale of goods and personal guarantees
Provided advice on enforceability of judgments obtained from local and foreign courts
Acted for a number of estates to obtain grant of probate/letters of administration
General experience
- Acted on behalf of ship owners and shipping agents to arrest vessels as collateral for their claim
Acted on behalf of clients for sale of vessels whether in judicial sale or private treaty
Acted for various entities in bankruptcy and/or winding-up proceedings against individuals/companies
Acted for various parties to obtain judgment against defaulting party
Acted for clients who have obtained judgments/court orders in execution proceedings
Acted for foreign clients to enforce foreign judgments in Malaysia
Acted for a party/joint parties in divorce proceedings
Acted for insurance companies in subrogation claims
Handled interlocutory applications including summary judgment applications, striking out applications, security for costs applications.
Acted on behalf of a director of a company to strike off his company off the company register