Critical Legal Warning: Unlike ordinary commercial contract claims in Malaysia which have a 6-year limitation period, sea cargo claims are governed by a strict one-year statutory time bar. If suit is not filed within one year, your claim is extinguished completely.
1. The Statutory One-Year Time Bar
Under Article III Rule 6 of the Hague-Visby Rules (enacted under the Malaysian Carriage of Goods by Sea Act 1950):
"The carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered."
This limitation period cannot be satisfied by simply sending letters, emails, or negotiation notices. A formal Writ of Summons must be issued in court before the clock strikes one year.
2. Notice of Damage Periods
Notice deadlines upon cargo delivery:
- Apparent loss or damage: Notice must be given before or at the time of removal of the goods into the custody of the person entitled to delivery (endorse the delivery receipt).
- Non-apparent (concealed) damage: Written notice must be given within three (3) days of delivery.
3. Protecting Your Position: Time Extensions
If settlement negotiations or survey evaluations are ongoing and the 1-year mark is approaching, claimants must request a written agreement for extension of time signed by the carrier or their authorized P&I Club. If no extension is agreed before expiry, counsel must immediately issue a protective Writ.
Have an approaching cargo deadline?
Use our Cargo Claim Kit to assemble your documents immediately.
This article is for general informational purposes only and does not constitute formal legal advice.