MOHAMED 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 20 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.
His notable matters include: -
- Oil platform “JINTAN”: advised a major Malaysian underwriter on an All Risk 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.
- 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 is 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 a bulk carrier that contacted with a hot briquetted iron jetty at Labuan, Sabah. The claim against clients is in excess of US$30 million. Work carried out for the matter included taking statements from the Master and the crew, working closely with Malaysian counsel in the preparation of all aspects of the matter for a trial on limitation, and negotiating settlement with the owners of the jetty.
- Acted for the owners and underwriters of a container vessel which collided with a general cargo vessel at the entrance of Tanjong Priok Port, Indonesia, resulting in the sinking of the general cargo vessel. Work carried out for the matter included taking statements from the officers and crew of the vessel, liaising with the Indonesian Port Authorities with regard to the resulting pollution caused to the nearby local waters and negotiating with the owners of the colliding vessel on issues of liability and quantum, communicating with Indonesian lawyers and the Indonesian Maritime Council and the National Transport Safety Committee in the ensuing investigations carried out by the Harbour Master.
- Worked closely with Malaysian counsel to defend a claim under an insurance policy for the constructive total loss of a 33-meter high continuous ship unloader (CSU) which was in the process of being loaded onto a barge for delivery from Westport, Malaysia to Cilegon, Indonesia. The work carried out included the review of the technical evidence relating to the manner in which the CSU was loaded, advising clients on issues of policy liability, assisting Malaysian counsel to prepare the matter for trial, working closely with clients’ appointed expert in the preparation of 2 expert reports on the various technical issues involved including the adequacy of the seafastening/lashing arrangements, and the requirements of appointing independent surveyors to carry out a pre-shipment survey before the CSU was loaded on the barge.
- Acting for the owners of a container ship which collided into an LPG tanker in the vicinity of Selat Surabaya, Indonesia. The claim made against the clients is in excess of US$ 22 million. Work carried out for the matter included taking statements from the officers and crew of the vessel, liaising with the Indonesian Port Authorities to secure the safe and timely release of the vessel from detention, and negotiating with the owners of the colliding vessel on issues of liability and quantum.
- 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 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 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.