Jurisdiction
Under the LOF contracts, the parties submit to the jurisdiction of a Lloyd's arbitrator to determine the amount of award. But salvage is also a remedy that arises independently of a contract.
A salvage claim, outside the LOF arbitration agreement, can be brought in the Admiralty Court and is defined under CPR r 61.1 (2) (f) to mean:
- for or in the nature of salvage;
- for special compensation under Article 14;
- for the appointment of salvage; and
- arising out of or connected with any contract for salvage services.
The claim is enforceable in personam and in rem. The ship or the sister ship can be held in lien to enforce the claim. A property salvage attracts a maritime lien against all property saved; however, the liability salvage (special compensation under Article 14) does not.
Read more about this topic: Law Of Salvage
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