ABSTRACT

The Salvage Convention 1989 does not require that there is any contractual relationship between the salvor and the salved interests; the salvor’s reward arises as a matter of law as a result of the performance of successful services. There are a number of contractual choices that face those whose ships are in distress and that might become a wreck. Where termination of salvage is being claimed by the shipowner or salvor, the State may want to intervene whatever the contractual position. The Lloyd’s Open Form salvor may well be content to receive Special Compensation P and I Club (SCOPIC) remuneration for these bridging activities, especially as it may be tendering for the wreck removal contract. Although SCOPIC must be interpreted in a commercially realistic way, the linkage of restraint to jurisdiction would seem to indicate that the restraint must involve some legal rather than merely practical basis.