Malaysian maritime law provides for a civil arrest of a ship for a maritime claim through the court mechanism when the ship is found in Malaysian territorial waters.  The arrest serves two purposes, first, to provide prejudgment security to the claimant in the action and second, to establish jurisdiction over the defendant ship owner as if he is present in Malaysia to defend the action brought.

In the exercise of admiralty jurisdiction and arrest of ships, the Malaysian High Court adopts and applies the United Kingdom Senior Courts Act 1981 which in turn gives effect to the International Convention on the Arrest of Sea-going Ships 1952.

For most types of maritime claims (except maritime liens), it is crucial on the date the action is brought, the ship selected for arrest is in the same ownership of the ship owner answerable for the claim.  A claimant’s right to arrest becomes lost when that ship has undergone a valid change of ownership.

The following types of maritime claims carry the right to arrest the ship in connection with which the claim arose or alternatively a sister ship which under the same ownership.