| The Association of Shipbrokers and Agents (USA) is a great organization. It is as simple as that. I strongly recommend you attend their events (for example – their annual October or November cargo conference). You will learn a lot. They also offer many other learning initiatives. ASBA asked me to write the chapter in its ASBA Deskbook concerning maritime law. Here is a brief excerpt: ________________________________________________ VII. Salvage A salvage claim is a legal claim made by a “salvor” against maritime property, or the property’s owner, for an award. The claim arises when maritime property that was subject to a marine peril benefited from services voluntarily rendered by the salvor. The law of salvage was designed to encourage the rescuing of distressed property at sea. In recent times, it has developed further to prevent pollution and environmental damage. To make a valid claim of salvage, the salvor must prove that the event involved a ship and its cargo or things committed to and lost at sea or other public / navigable waterways; the ship or its cargo were rescued; the service performed by the salvor must have been of benefit to the property involved in the rescue. Salvage is unique area of the maritime law. Let’s say a person was walking down a street in his / her own city and saw a beautiful car on fire. The person comes to the car’s rescue and puts the fire out. That person will not legally be entitled to any reward. He cannot sue the car owner or the car itself to collect an award. However, the maritime law of salvage provides for such an award if maritime property that is imperiled is rescued by a salvor. The classic example is one vessel coming to the aid of another. The size of the salvage award is based upon numerous factors, which were set forth in the famous U.S. Supreme Court decision involving the sailing ship Blackwall, 77 U.S. 1 (1869). They are: 1. The degree of danger from which the vessel was rescued; 2. The post-casualty value of the property saved; 3. The risk incurred in saving the property from impending peril; 4. The promptitude, skill and energy displayed in rendering the service and salving the property; 5. The value of the property employed by the salvors and the danger to which it was exposed; 6. The costs in terms of labor and materials expended by the salvors in rendering the salvage service. Not long ago, a tanker that was transiting the United States Gulf came to the rescue of a tug and barge. The barge was carrying the fuel tank of the space shuttle. The tug and barge were perilously close to running aground with risk of destruction. The tanker was able to rescue the tug, barge, and the fuel tank. To make a long story short, the owners of the tanker were able to collect a very substantial salvage award for their efforts. In fact, it was one of the largest awards ever. The maritime law provides a maritime lien in favor of the salvor against the property saved. Thus, the property salved can be arrested and sold in order to recover an award that is due. Pure salvage can occur without the existence of a contract. Thus, a vessel that has been abandoned (a derelict) may be the target of salvors. However, salvage is often performed under contract. For example, one of the most famous contracts in the business of shipping is Lloyds Open Form (LOF), which is a standard form of salvage agreement that provides for a salvage award, with some exceptions, on a “No Cure – No Pay” basis. Once again, the size of the award, often determined by specialized arbitrators, will depend upon numerous factors, including those listed above. The Society of Maritime Arbitrators in New York has also established an Open Form of salvage, along with a body of rules for handling salvage disputes. This can be found on the S.M.A. web site. There is also an International Convention on Salvage, which provides, among other things, for an increased award in the event that the salvor performs services with skill and efforts that prevent or minimize damage to the environment. This provision recognizes that salvage services can be performed in an environmentally friendly or unfriendly manner. Salvors that take the time and expense to protect the ocean environment should be awarded accordingly. |