Masters

That there is no remuneration legally payable for the saving of human life under by the new Convention on salvage as described above. The Convention does, however, respect any national law which might think differently [Article 3 (5) (1)]. The duty on Masters to render assistance to any person in danger of being lost at sea, within the limits of not endangering his own vessel and persons thereon is, not surprisingly, preserved by Article 2 (3) of the Convention. All cases of salvage entered into under a Lloyds Open Form (LOF), regardless of the nationality of the ship and/or its owners, are dealt with by an arbitration panel which is convened in London and operates under the Lloyd’s Standard Arbitration Clauses (LSSA Clauses) and Lloyd’s  Procedural Rules. The arbitrators deal with the salvor’s (contractor’s) remuneration; or compensation in the case of an unsuccessful salvage but where prevention/minimisation of pollution has been undertaken.  The general principles of apportionment are that: There is priority in time. The first salvors, in the absence of any fault on their part, tend to be treated with more generosity than the late ones but, if there is no question of wrongful disposition of the first salvors by any subsequent salvors and if second or subsequent salvors have given more meritorious service, they will be treated with more generosity than the first salvors. Unless dispossession of earlier salvors by later salvors was due to ‘some reasonable cause’, a claim based on wrongful disposition may be brought successfully. If such a reasonable cause is not actual, then it must at least be apparent. A salvor who is dismissed or superseded should not forcibly resist but should rely on the assistance of the court.