Lloyd's Maritime and Commercial Law Quarterly
THE SALVAGE CONVENTION 1989—WHO PAYS?
Other writers will no doubt present more comprehensive accounts of the Salvage Convention 1989 which was agreed at the IMO Diplomatic Conference held in London 17–28 April 1989. The purpose of this comment is to consider only one issue, which is central to the operation of the Convention, namely the relationship between Art. 13 and Art. 14. In order to do this it may be worth setting out the text of these Articles in full:
Article 13—Criteria for fixing the reward
1. The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below:
- (a) the salved value of the vessel and other property;
- (b) the skill and efforts of the salvors in preventing or minimizing damage to the environment;
- (c) the measure of success obtained by the salvor;
- (d) the nature and degree of the danger;
- (e) the skill and efforts of the salvors in salving the vessel, other property and life;
- (f) the time used and expenses and losses incurred by the salvor;
- (g) the risk of liability and other risks run by the salvors or their equipment;
- (h) the promptness of the services rendered;
- (i) the availability and use of vessels or other equipment intended for salvage oper
- ations;
- (j) the state of readiness and efficiency of the salvor’s equipment and the value
- thereof.
416