Salvage & TowageWhat is Salvage? Salvage, in maritime law, the rescue of a ship or its cargo on navigable waters from a peril that, except for the rescuer’s assistance, would have led to the loss or destruction of the property. Typical acts of salvage include releasing ships that have run aground or on reefs, raising sunken ships (or their cargo), putting out fires, and so on. com/2014/01/20/5-of-the-greatest-salvage- operations-in-history/ .5 of the Greatest Salvage Operations in History http://marinesciencetoday. youtube.Salvage Operations https://www.com/watch?v=3dRjysol1rs&t=488s https://www.com/watch?v=-NnlEC7pBKk .youtube.youtube.com/watch?v=B9fBdltZDUo https://www. Legal Background 1910 Brussels Convention for the Unification of Certain Rules with Respect to Assistance and Salvage at Sea International Convention On Salvage 1989 Lloyd’s Open Form (LOF) 2000 -Agreement of Salvage . Sources Before 1910 there is no unified law of salvage. Rules of Law respecting Assistance and Salvage at Sea (Brussels 1910) London Salvage Convention 1989 (come into force internationally in 1996) Malaysia (MSO 1952 Part X) Order 70 of Rules of Court 2012 . .Salvage & Towage Towage services may be converted to salvage services Section 391 (b) of MSO 1952 – contract of towage service may NOT be able to be converted except the act itself is of exceptional character and is outside the scope of the contract of towage. gov.fco.pdf (1989 Salvage Convention) .org.The Law of Salvage http://www.orcv.uk/docs/pdf/1996/TS0093.au/index.php/docman-link/racing/vanuatu/1405-2006- m2v-salvage-issues/file http://treaties. crew and cargo as criterion to receive salvage remuneration Art 13(1)(b) 1989 Convention – add in efforts of salvors in preserving or minimizing damage to environment as criteria Art 14 of 1989 conventions – includes special compensation for preventing or minimizing damage to environment Benefit conferred by the salved through the actions of the salvor by his salvage services. passengers.Criteria to consider for salvage claims Art 8 of 1910 Convention – danger run by salved vessel.L Rep 49 . Third Party Claims – Not only preserves the salved property but also removes the prospect of owner of the salved property being subject to claims for damages by third parties for loss of and damage sustained by them The Whippingham (1934) 48 Li. Before Convention 1989 Vessel had to qualify as a ship.2) [1897] AC 337 After Convention Art 1(a) inclusion of ‘other property in danger. The Gas Float Whitton (no .’ Includes Hovercraft .Salved Property and Salved Values Payment is only recoverable if that property is recognized. Elements of Salvage Danger Voluntary services Success . Danger Must exist Reasonable apprehension of danger is sufficient The Phantom[1866] LR 1 A&E The Charlotte [(1848) 3 W Rob 68 The Helenus [1928] 2 Lloyds Rep 261 Future & Contingent Danger Hamtun v St John [1999] 1 Lloyds Rep 883 . Voluntary Services Not rendered under a pre-existing agreement or under official duty Article 17 of 1989 convention The Neptune (1824) 1 Hagg 227 . org/libraries/maritime-law/case-summaries-salvage-and- wrecks/index.html .Salvage and Wrecks (Case Study) http://www.paclii. Salvage Contracts Lloyds Open Form (LOF) To determine the amount of payment to be awarded to salvors SCOPIC clause To supplement LOF in regards of the “no cure no pay principle” and to increase tariffs. . Could performance of duties arising under statute or official duty be used to bar salvage award? Duty to assist after a collision The Melanie v San Onofre [1925] AC 246 Duty to assist other in distress Article 10 of Convention 1989 The Tower Bridge [1936] P 30 . no pay” The India (1842) 1 Wm Rob 406 “Unless the salvors by their services conferred to actual benefit on the salved property. they are not entitled to salvage payment” The Cheerful (1855) 11 PD 3 .Success Principle of “no cure. Under Lloyds Open Form (LOF) and conventions.Best endeavor 2. there are certain obligations 1.Duties of Salvors General rule: no obligation of salvor to complete salvage.Due Care Art 8(1)(a) and (b) of Convention 1989 Art 18 of Convention 1989 . fastened to her. Towage The act or service of towing ships and vessels. . Towage is the drawing a ship or barge along the water by another ship or boat. usually by means of a small steamer called a "tug. or by men or horses.. where they tow a barge or other vessel." That which is given for towing ships in rivers. on land. It is also money which is given by bargemen to the owner of ground next a river. etc. https://www.com/watch?v=F5fGFxCL-yI (How tugboat works) .youtube. .Tutorial Discussion What are the differences between Salvage and Towage? Discuss.