OUR LAWYERS

GOUSH MARIKAN

Managing Partner & Mariner

Advocate & Solicitor, Singapore (1995)

Barrister at Law, Lincoln’s Inn

LLB. (Hons) (London)

Diploma in Nautical Studies

Certificate of Competency Class III and Class II (Foreign going)


Email: goush@goushmarikan.com

Mr Goush Marikan is the Managing Partner and founder of the firm. He has been at the forefront of shipping law in Singapore for over 30 years. Goush has been praised by the Asia Pacific Legal 500 for being "exceptionally good in wet work" and is “knowledgeable in dealing with collision and other casualty work”. He heads the firm’s Marine Casualty Response team and Shipping practice.

His invaluable experience as a sea-going officer for 8 years (during which he served on board general cargo vessels, container vessels and bulk carriers) and experience in handling casualties in the region has allowed Goush to carve a niche for himself as a specialist wet shipping lawyer in Singapore. He is regularly instructed by leading marine insurance companies on major casualties across the Asia-Pacific region involving collisions, groundings, fires, cargo damage and loss of life. He is highly experienced in dealing with all issues arising from casualties including salvage, general average, tonnage limitation, statutory/criminal liability and environmental issues.

Goush’s experience in dealing with the regional maritime authorities and practical knowledge of how things work in the region enables him to provide clients with swift and practical assistance following any casualty or any maritime dispute with heavy technical content.

Goush is also regularly instructed to handle and investigate petrochemical contamination cases as well as oil/chemical related disputes for oil majors, P & I Clubs and shipowners. 

Notable matters:

  • Acted for the owners of a container ship "LEO PERDANA" which was involved in a collision incident with an LPG Tanker the "NAVIGATOR ARIES" in a narrow channel in Selat Surabaya, Indonesia. The total claim mounted by both vessels were in excess of USD 28 million. The matter was subsequently argued before the Court of Appeal.

  • Instructed on a major oil rig construction involving two new-build submersible drilling rigs. The claims were in excess of SGD 1 billion and the dispute was heard before an arbitral tribunal in London.

  • Acting for owners in a collision matter involving a bulk carrier and a tug and barge unit, with claims in excess of SGD 3 million.

  • Acting for owners in a contact matter involving a crude oil tanker and a container vessel, with claims in excess of SGD 1 million. The matter involves issues of navigational fault, COLREGS compliance, liability, quantum, security and sanctions-related considerations.

  • Acting for owners in a collision matter involving an oil products tanker and a bulk carrier, with claims in excess of SGD 1.5 million. The matter involves issues of navigational fault, COLREGS compliance, liability and apportionment, VDR evidence and bridge audio recordings.

  • Oil platform “JINTAN”: advised a major Malaysian underwriter on an All Risks Policy involving a claim for damaged pipelines/ risers during the construction of an oil pipeline located off the Sarawak Coast for an oil major. The claim under the policy was in excess of RM 250 million.

  • Acted for the owners of a crude oil tanker which was involved in an allision incident with another crude tanker while carrying out cargo discharge operations at Cilacap, Indonesia. The work carried out included reviewing the available evidence and advising clients on issues of quantum. The matter was heard under SCMA arbitration rules, with claims in excess of SGD 1 million. 

  • Defended the owners of the vessels “EVERLINE 3” and “EVERLINE 7”, involving a collision with gas carrier “ANTWERPEN” off Johor coast. The owners of the “ANTWERPERN” mounted an action and clients commenced a limitation action before the Malaysian High Court. The claim amount was in excess of S$4 million.

  • Acted for the owners of the vessel “BUILDER SUCCESS” against owners of the vessel “SUJIN” in a claim arising from a collision in the Singapore Straits. The claim amount involved was in excess of S$4 million.

  • Acted for the owners of the vessel “OSTENDE MAX” that was involved in a collision with “FORMOSAPRODUCT BRICK” in the Straits of Malacca, where nine seamen on the latter vessel perished. The “OSTENDE MAX” was detained by the Malaysian authorities and we were engaged by the owners to negotiate the release of the vessel.

  • Acting for the owners and P & I Club of the bulk carrier “MINERAL KYUSHU” that contacted with a hot briquetted iron jetty at Labuan, Sabah. The claim against clients was in excess of US$30 million. Work carried out for the matter included taking statements from the Master and the crew and acting as instructing Counsel to Malaysian in the preparation of all aspects of the matter for a trial on limitation, and negotiating settlement with the owners of the jetty.

  • Acted for the owners and underwriters of the container vessel “LINTAS BENGKULU” which collided with a general cargo vessel at the entrance of Tanjong Priok Port, Indonesia, resulting in the sinking of the general cargo vessel. Work carried out for the matter included taking statements from the officers and crew of the vessel, liaising with the Indonesian Port Authorities with regard to the resulting pollution caused to the nearby local waters and negotiating with the owners of the colliding vessel on issues of liability and quantum, communicating with Indonesian lawyers and the Indonesian Maritime Council and the National Transport Safety Committee in the ensuing investigations carried out by the Harbour Master.

  • Worked closely with Malaysian counsel to defend a claim under an insurance policy for the constructive total loss of a 33-meter high continuous ship unloader (CSU) which was in the process of being loaded onto a barge for delivery from Westport, Malaysia to Cilegon, Indonesia. The work carried out included the review of the technical evidence relating to the manner in which the CSU was loaded, advising clients on issues of policy liability, assisting Malaysian counsel to prepare the matter for trial, working closely with clients’ appointed expert in the preparation of 2 expert reports on the various technical issues involved including the adequacy of the lashing arrangements, and the requirements of appointing independent surveyors to carry out a pre-shipment survey before the CSU was loaded on the barge.

  • Acted for a major P&I Club in a matter involving the disappearance of a passenger onboard a cruise ship which was en route from Langkawi, Malaysia to Singapore. Work done included reviewing all the relevant evidence relating to the passenger’s disappearance (including CCTV camera footage, incident reports and the steps taken by the vessel after the passenger was found missing), assisting clients to liaise with the Indian High Commission in Singapore and Malaysia, assisting clients to liaise with the passenger’s family and meeting the family on clients’ behalf to bring the matter to an amicable close.

  • Acted for a major P&I Club in a matter involving the drowning of a Third Officer that occurred during cargo operations onboard a tanker at Sandakan, Malaysia. Work done included taking statements from the officers and crew of the vessel, assisting clients to ensure a smooth handover of the late Third Officer’s personal belongings from the ship to the agent to be delivered to the family, and preparing a detailed report to advise clients on the cause of the incident and the issue of policy liability.

  • Acted for a major P&I Club in a matter where a cargo vessel the “MILLENIUM BARU” developed a list and thereafter sank off Pulau Karamian, Indonesia. Work done included taking statements from the officers and crew of the vessel, reviewing the available evidence, advising clients on the potential cause(s) of the vessel’s sinking and on issues of policy liability.

  • Worked closely with Malaysian counsel to defend a limitation action commenced by the owners of a chemical/product tanker the “BUNGA ALPINIA” that had caught fire and subsequently exploded during loading operations of a cargo of methanol at the port of Labuan, Sabah. The explosion caused the vessel to sink and claimed the lives of 5 crew members. The work carried out included a thorough review of the technical evidence, working closely with Malaysian counsel in the preparation of all aspects of the matter for a trial on limitation, and assisting Malaysian counsel to negotiate settlement on favourable terms to clients.

  • Acted for the owners of a Capesize bulk carrier “MOUNT APO” which was involved in a collision with the LNG carrier “HANJIN RAS LAFFAN” in the vicinity of the Traffic Separation Scheme in the Singapore Straits. The claim made against the clients was in excess of USD 5 million. Work carried out for the matter include reviewing the available evidence, advising clients on issues of liability and quantum, and assisting lead counsel in the preparation of all aspects of the matter for trial.

  • Acted for a major Chinese insurance company in an incident involving a collision between 2 bulk carriers in the vicinity of the Traffic Separation Scheme in the Singapore Straits. The combined claim put forward by both parties was in excess of USD 4 million. The work carried out include negotiating security with the colliding vessel, taking statements from the officers and crew of the vessel, reviewing the available evidence, advising clients on issues of liability and quantum, and assisting clients to negotiate a settlement on liability on favourable terms.

M.HEJAZ

Associate

Advocate & Solicitor, Singapore

LLB. (Hons) (Nottingham)







Email: hejaz@goushmarikan.com

Hejaz is a disputes lawyer with a focus on shipping law. He acts in wet and dry shipping matters involving shipowners, P&I Clubs and H&M insurers.

His experience includes marine collisions, marine casualty investigations, fires and explosions, marine insurance, charterparty disputes, cargo claims, contractual disputes and arbitration.

A fair proportion of the cases handled focus on collision matters, involving the detailed review and assessment of technical evidence such as VDR, AIS and ARPA data. 

Hejaz trained under a former mariner and senior shipping lawyer, gaining practical and commercial depth in casualty analysis, vessel operations and technical matters.

He is qualified as an Advocate and Solicitor of the Supreme Court of Singapore and read law at the University of Nottingham.

Notable matters:

  • Acting in a collision matter involving a bulk carrier and a tug and barge unit off the Singapore Strait, with claims in excess of SGD 3 million. The matter involves on-board investigations, review of contemporaneous vessel records, analysis of VDR, AIS and ARPA data, angle of blow assessment, liability apportionment, security issues and General Average considerations.

  •  Acting for the owners of a crude oil tanker in a vessel contact matter involving a container vessel, with claims in excess of SGD 1 million. In addition to liability analysis, the matter involves sanctions-related considerations.

  • Acting for owners in a collision matter between a product tanker and a bulk carrier, with claims in excess of SGD 1.5 million. The matter involves review of VDR audio recordings and bridge communications in assessing apportionment of liability between the vessels.

  • Acting for terminal operators in a contractual dispute arising from the loss of oil cargo during storage and handling operations, with claims in excess of SGD 800,000. The matter relates to amongst others, the scope and application of a contractual limitation clause in a claim framed in negligence.

  • Acting for marine insurers in relation to a fire on board a passenger ferry causing damage in excess of SGD 480,000. Advice given on policy coverage/policy liability and the potential impact of certain breaches of express warranties and failure to comply with Marine Department Regulations.

  • Acted in a charterparty dispute involving speed, underperformance and off-hire claims. The matter involved the review of the vessel’s performance data and related technical reports.

  • Acted in the defence of an SGD 2.8 million claim before the Singapore High Court arising from fire damage caused to a pleasure craft berthed at a local marina. Assisted in the preparation of expert evidence and in the conduct of without prejudice negotiations resulting in settlement favourable to the defence.

  • Acted for Japanese cargo interests and their insurers in a cargo damage dispute involving CRA line pipes, with claims in excess of USD 250,000. The matter involved review of technical and survey evidence, contributing to a favourable resolution.

  • Assisted the owners of the container vessel “LEO PERDANA” in The "Navigator Aries" [2023] SGCA 20, a collision dispute involving claims in excess of USD 28 million. The matter was heard before the Singapore High Court and the Singapore Court of Appeal where, amongst others, hydrographic/bathymetric evidence and issues relating to the bow cushion effect were canvassed/argued.

  • Assisted in a major offshore construction dispute involving two semi-submersible drilling rigs, with claims in excess of SGD 1 billion. The matter was heard before two separate arbitral tribunals in London. Assisted in the preparation of both factual and expert witness statements.

  • Assisted the owners of a crude oil tanker in an allision matter arising during cargo discharge operations in Indonesia, with claims in excess of SGD 1.2 million. The dispute was referred to arbitration under the SCMA Rules and involved technical and operational evidence, submissions and expert evidence.

  • Assisted in The “Mount Apo” and the “Hanjin Ras Laffan” [2019] SGHC 57, a Singapore High Court collision matter involving claims in excess of USD 5 million. The matter involved a collision in a crossing situation which occurred in the TSS in the Singapore Strait.