Maritime Salvage

The primary purpose of maritime salvage is to recover lost or abandoned property from the sea, such as ships, cargo, and other valuable items.

The legal basis for maritime salvage is the law of salvage, which is a body of law that governs the rights and responsibilities of salvors and shipowners in salvage operations.

A salvor is a person who voluntarily assists a vessel in distress, contracts with a shipowner to salvage a vessel or cargo, or finds and recovers lost or abandoned property from the sea.

The general rule for determining salvage awards is that the salvor is entitled to a fixed percentage of the value of the property saved, a reasonable reward for their services, and reimbursement for their expenses.

The factors considered in determining the amount of a salvage award include the value of the property saved, the risk and difficulty of the salvage operation, the time and effort expended by the salvor, and the degree of success of the salvage operation.

The duty of a salvor is to act with reasonable care and skill, to take all necessary steps to protect the property saved, and to deliver the property saved to the shipowner or their agent.

The liability of a salvor includes liability for any damage caused to the property saved, any loss or damage caused to the salving vessel or equipment, and any injury or death to the salvor or their crew.

Salvage is a voluntary service, while towage is a contractual service. Salvage is performed in response to a marine casualty, while towage is performed in the ordinary course of business. Salvage is typically performed by a salvor who is not the owner of the property saved, while towage is typically performed by a tugboat owner.

Salvage is a reward for services rendered, while general average is a contribution to the common expenses of a voyage. Salvage is paid by the shipowner, while general average is paid by all of the parties who benefit from the voyage. Salvage is typically awarded in cases where the property saved is in imminent danger, while general average is typically awarded in cases where the property saved is not in imminent danger.

The role of the admiralty court in maritime salvage is to determine the amount of the salvage award, to resolve disputes between the salvor and the shipowner, and to enforce the salvage lien.

A salvage lien is a lien that secures the salvor's right to payment for their services.

The procedure for enforcing a salvage lien is for the salvor to file a claim in admiralty court.

The statute of limitations for filing a salvage claim is two years.

Some of the defenses to a salvage claim include that the salvor was not acting in good faith, that the salvor was negligent in performing the salvage operation, and that the salvor did not succeed in saving the property.

Some of the international conventions that govern maritime salvage include the Convention for the Unification of Certain Rules of Law Relating to Assistance and Salvage at Sea, 1910, the International Convention on Salvage, 1989, and the Nairobi International Convention on the Removal of Wrecks, 2007.