The document discusses maritime salvage, including international conventions governing salvage from 1910 and 1989. Some key points:
1. Salvage refers to saving imperiled life or property at sea, such as towing a disabled ship to port or refloating a sunken vessel.
2. The 1910 and 1989 conventions both require salvage services to be voluntary and successful in saving endangered maritime property to receive remuneration.
3. Remuneration is paid out of the value of the saved property and considers factors like the degree of danger, value saved, and contribution of each salvor. Special compensation can also be paid for preventing environmental damage.
The document discusses maritime salvage, including international conventions governing salvage from 1910 and 1989. Some key points:
1. Salvage refers to saving imperiled life or property at sea, such as towing a disabled ship to port or refloating a sunken vessel.
2. The 1910 and 1989 conventions both require salvage services to be voluntary and successful in saving endangered maritime property to receive remuneration.
3. Remuneration is paid out of the value of the saved property and considers factors like the degree of danger, value saved, and contribution of each salvor. Special compensation can also be paid for preventing environmental damage.
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The document discusses maritime salvage, including international conventions governing salvage from 1910 and 1989. Some key points:
1. Salvage refers to saving imperiled life or property at sea, such as towing a disabled ship to port or refloating a sunken vessel.
2. The 1910 and 1989 conventions both require salvage services to be voluntary and successful in saving endangered maritime property to receive remuneration.
3. Remuneration is paid out of the value of the saved property and considers factors like the degree of danger, value saved, and contribution of each salvor. Special compensation can also be paid for preventing environmental damage.
The document discusses maritime salvage, including international conventions governing salvage from 1910 and 1989. Some key points:
1. Salvage refers to saving imperiled life or property at sea, such as towing a disabled ship to port or refloating a sunken vessel.
2. The 1910 and 1989 conventions both require salvage services to be voluntary and successful in saving endangered maritime property to receive remuneration.
3. Remuneration is paid out of the value of the saved property and considers factors like the degree of danger, value saved, and contribution of each salvor. Special compensation can also be paid for preventing environmental damage.
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ASSISTANCE AND SALVAGE
Salvage Salvage : Maritime salvage means the saving of life as maritime property imperiled at sea. A convention called International Convention for the unification of certain rules of law respecting assistance and Salvage at Sea 1910 deals with this. India ratified it in 1913. An amendment was made in 1968 which makes it applicable to war ships and government ships also. In 1989 a new convention called the International Convention on Salvage was adopted. It came in to force on 14th July 1996. India ratified in Oct1995.
Salvage, Contd: This new convention does not differentiate between assistance and salvage. Examples of salvage1. Towing a helpless vessel into port. 2. Refloating a stranded or sunken vessel. 3. Recovery of cargo from a damaged/sunken vessel. 4. Extinguishing fire on board. 5. Measures taken to keep a sinking vessel afloat. 6. Holding or removing a vessel adrift from its moorings. 7. Initiating, procuring or bringing assistance to a distressed vessel etc.
Article 1-34 Salvage convention
1989. Please refer to Salvage Convention 1989.
Points common to the 1910 and
1989 Conventions 1. The Salvage service must be rendered voluntarily. In other words it should not be a part of a pre-existing duty or contract. For example the crew or the pilot of a ship in distress or the owner, master or crew of a tug under contract to tow a ship cannot claim for salvage remuneration as they have not acted voluntarily and also beyond the scope of their duty. 2. The subject of salvage must be endangered i.e those who claim for salvage must establish that the property was in danger when the services were rendered. 3. The service must be subject of recognized maritime interest , eg ship, cargo, life, freight etc.
Points common to the 1910 and
1989 Conventions, Contd: 4. The service must be successful. The right to salvage and remuneration is based on the principle of no cure, no pay. In other words no salvage claims can be maintained unless the maritime property is in danger and at least some part of it is saved. 5. The salvage remuneration is paid out of the value of the property preserved to its owners.
Salvage Remuneration Although courts deal with salvage matters, however most of the salvage awards are effected privately without legal proceedings. For this purpose it is usual to adopt the Lloyds form of salvage agreement. For determining salvage remuneration the important factors taken in to account are:a. The nature of the salvage service, the degree of danger from which the life or property was salved and the value of property finally preserved to the owner. b. Since the remuneration is paid out of the value of the property salved, the salvage award must always be less than that value. c. The general rule is that those who have benefited from the salvage services must contribute towards salvage award readily according to the salved value of the property. This also depends on the different degree of risks to which each interest (Ship, Cargo, Freight) is exposed.
Salvage Remuneration, Contd: d. The apportionment of the salvage award between owner, master and other persons in each salving vessel will be determined by the law of the flag state of the vessel. e. Remuneration is due even if salvage services are rendered by or to vessels belonging to the same owners. f. Persons who have taken part in the salvage operation without the permission of the vessel or part of the vessel being salved, except in cases of unreasonable prohibition from the salved vessels, shall have no right to any remuneration.
Salvage Remuneration, Contd: g. If several Salvors are participating then the award will be in proportion to their efforts. h. The convention lays down international norms for rendering assistance to vessels in distress at sea and for the payment of adequate remuneration. i. It also imposes the obligation on the master of the ship without endangering his own ship, to render assistance to ship/persons in distress even though an enemy found at sea in danger.
1989 Convention
The master of the salved vessel will have the
authority to conclude salvage contracts on behalf of the owners of the vessel as well as the owner of the property of the vessel. A contract or any salvage contract terms may be modified or nullified by a court if:a. The contract was agreed under undue influence or the influence of danger and its terms are not equal OR b. The payment agreed is very excessive or too small compared to the degree of danger and the services actually rendered.
1989 Convention, Contd:
No salvage remuneration is due from persons whose lives are saved except as in the National law. (The Indian MSA deals with salvage in sections 402-403-404) of Part XIII. Salvage in respect of saving of life when payable by owner of the vessel and shall be on priority to all other claims of salvage. In India disputes for salvage are settled by a judicial magistrate of 1st class or metropolitan magistrate, if the amount is not more than Rs. 10,000/- or the high court if the amount is higher. This convention as well as the Indian MSA applies to salvage services rendered by or to a war ship
Special Compensation Special compensation is payable if the salvor has prevented or minimized damage to the environment even though there is no useful result of the salvage operation. This compensation is equivalent to its expenses and fair rate. This compensation is equivalent to his expenses and a fair rate for equipment and manpower involved and used. This compensation can be increased by 30% maximum of Salvors expenses or up to even 100% of Salvors expenses for a major pollution incident. In case the Salvor has been negligent and thereby failed to prevent or minimize damage to the environment then he may be deprived of all or part of the special compensation. In the year 2000 a new LOF 2000 has been published which has an important clause called the SCOPIC clause which is the Special Compensation P & I Club Clause.
