4 joanna waterfall the lof salvage contract in practice
Transcript of 4 joanna waterfall the lof salvage contract in practice
LOF Salvage Contract in Practice
By Joanna Waterfall
BDM Seminar
15 March 2012
• Look at the LOF Contract in practice
• By reference to the “RENA”
– What is salvage?
– Overview of Incident
– Brief photo review the salvage operation
• Look at procedure
• Explain how the salvage reward will be determined
– Review Article 13 of the Salvage Convention
– SCOPIC
• Who will pay?
Aims Today
What is Salvage?• A service to save maritime property
• Payment for this service
• Without a salvage contract salvors must prove
– Volunteers
– Success – partial or full
– Element of danger – not imminent
– At sea or in tidal waters or any waters whatsoever*
• LOF is contractual
• Salvage (and agreement to pay) is admitted
• Assessment by Art. 13 Salvage Convention 1989
Key Features of Salvage
• Requires
• water
• “No cure No
Pay”
• Reward not to
exceed value
• Reward fixed
• by agreement
• assessed at
Arbitration
• English Law
The RENA grounding
• 47,230 dwt
• 1,368 containers
• 1,700m/t HFO
• 200m/t MDO
• Grounded at 17 knots
• 4 October 2011…
• Astrolabe Reef, NZ
• LOF 2011 agreed
• Svitzer BV
• SCOPIC invoked
• Note the remote location
The Implications of SCOPIC being invoked
• Special Compensation P&I Club Clause
• Reward
• By reference to Article 13 criteria
• By reference to agreed tariff rates
• Property u/w pay Art. 13 award
• Club pay any SCOPIC expenses over Art. 13 award
• No salved property - Club pay in full
• If Art. 13 exceeds SCOPIC expenses
• P&I Club don’t pay anything
• Salvors award reduced by 25% of the difference
The Salvage Service in pictures
The Salvage Service in pictures
What happens next?
• Salvage security
• Arbitrator must be
appointed within 2 years
• Negotiations for early
settlement -or
• Arbitration
• Unlikely due to costs
• Classic case for LOF 2011
• Amendment which relate to
laden container vessels
Salvage Security• Art. 13 - usually demand made post termination
• Rena demand made early to enable cargo to go forward
• Provided by property owners/insurers
• Must be provided within 21 days of termination
• SCOPIC security
• Amount of USD3million
• Provided by the vessel’s P&I Club
• Within 2 days of contract being invoked
• Can be increased post termination
• No security – claim can be made under Article 14
• Notice to be given
• 1989 International
Convention on Salvage
• Article 13
• 10 criteria all relevant
• Underlying concept of
encouraging salvage
operations
• Reward must not be out of
proportion to the services
• Must reflect the benefit
conferred
Assessment of Salvage
• Only what is salved by
salvors!
• Values from RENA modest
• Bunkers, cargo & containers
• Including freight
• No ship value
• The higher the fund the
higher the likely Award
(a) The Salved Fund
• Clause B of LOF 2011
– salvors to “use their
best endeavours to
prevent…”
• Removed bunkers
• Clean up not covered
• Conferred benefit on
P&I Club
– paid by property
underwriters
(b) Preventing or minimising damage to environment
(c) The Measure of Success
(d) Nature and Degree of Danger
• Assess Benefit conferred
and have regard to
• Nature
• Degree
• No risk of imminent loss
• Physical dangers
increase award
• Alternative Assistance
• Other salvors offering
assistance
(e) The skill and the efforts of the salvor in
salving the vessel, other property and life
• The greater the range
of skill, the more
arduous the effort, the
more meritorious the
service
• Bunker removal
• Container discharge
• Tagging containers
• Naval architecture
• Considerable dangers
facing those on board
(f) Time used and expenses & losses incurred
by the salvors
• Essential to have regard to this
• Failure to do so may lead to a discouraging award
• Does not follow the award will be equal to or more
than expenses
• In the case of the RENA the expenses will far
exceed value of property saved
• These are not SCOPIC expenses
(g) The risk of liability and other risks
run by salvors or their equipment
• Salvors may
incur liability
• Risks to salvor’s
craft, equipment
and personnel
• RENA extremely
dangerous
(h) Promptness of services rendered
• Immediateness of
response is
encouraged
• Always rewarded
• Removes dangers
facing the property
sooner
• Speculation – more
meritorious and further
enhancement
(i) The availability and use of vessels or other equipment
intended for salvage operations
(j) The state of readiness of efficiency of the salvors’
equipment and value thereof
• Hallmark of professional salvors
• Investment in salvage
• Maintain tugs on salvage station
• Idle time can be expensive
• Three or four companies worldwide could do this
• Significant benefit to maritime community
• Large funds reward and encourage this investment
• If own craft used it enhances the award
Key aspects
• Required professional salvage assistance
• Prompt response
• Ability to provide comfort to the local authorities
• Ever increasing risk of total loss
• Six month service
• Valuable property salved, would otherwise have
been lost
• High profile
• Worthy of generous award
• Award will not cover the expenses
Awards in excess of 50%
• On increase since SCOPIC
• Guidance from Lloyd’s
Arbitrators – requires one of
the following:
• Imminent and/or significant
danger
• Lengthy and difficult services
• Extensive expenses (OOPs)
• Low salved values
• “RENA” ticks 3 out of 4
boxes
The end game….
• Wreck removal
• Much of the cargo has
been abandoned
• Salvage sales necessary
• Individual settlements
• LOF 2011 will enable
salvors to avoid having to
go to Arbitration
• The clean up continues…
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