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The International Convention On Salvage, IMO 1989

Chapter I - General provisions

Article 1 - Definitions

Article 2 - Application of the Convention

Article 3 - Platforms and drilling units

Article 4 - State-owned vessels

Article 5 - Salvage operations controlled by public authorities

Article 6 - Salvage contracts

Article 7 - Annulment and modification of contracts

Chapter II - Performance of salvage operations

Article 8 - Duties of the salvor and of the owner and master

Article 9 - Rights of coastal States

Article 10 - Duty to render assistance

Article 11 - Co-operation

Chapter III - Rights of salvors

Article 12 - Conditions for reward

Article 13 - Criteria for fixing the reward

Article 14 - Special compensation

Article 15 - Apportionment between salvors

Article 16 - Salvage of persons

Article 17 - Services rendered under existing contracts

Article 18 - The effect of salvor's misconduct

Article 19 - Prohibition of salvage operations

Chapter IV - Claims and actions

Article 20 - Maritime lien

Article 21 - Duty to provide security

Article 22 - Interim payment

Article 23 - Limitation of actions

Article 24 - Interest

Article 25 - State-owned cargoes

Article 26 - Humanitarian cargoes

Article 27 - Publication of arbitral awards

Chapter V - Final clauses

Article 28 - Signature, ratification, acceptance approval and accession

Article 29 - Entry into force

Article 30 - Reservations

Article 31 - Denunciation

Article 32 - Revision and amendment

Article 33 - Depositary

Article 34 - Languages

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

IMO, International Convention On Salvage, 1989

International Maritime Organization (IMO)

copy @ Lex Mercatoria

The International Convention On Salvage, IMO 1989

Chapter III - Rights of salvors

Article 14 - Special compensation

1. If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as herein defined.

2. If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has prevented or minimized damage to the environment, the special compensation payable by the owner to the salvor under paragraph 1 may be increased up to a maximum of 30% of the expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special compensation further, but in no event shall the total increase be more than 100% of the expenses incurred by the salvor.

3. Salvor's expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1 (h), (i) and (j).

4. The total special compensation under this article shall be paid only if and to the extent that such compensation is greater than any reward recoverable by the salvor under article 13.

5. If the salvor has been negligent and has thereby failed to prevent or minimize damage to the environment, he may be deprived of the whole or part of any special compensation due under this article.

6. Nothing in this article shall affect any right of recourse on the part of the owner of the vessel.


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