SALVAGE CONVENTION

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International Convention on Salvage, 1989

(London, 28 April 1989)
THE STATES PARTIES TO THE PRESENT CONVENTION,
RECOGNIZING the desirability of determining by agreement uniform international rules
regarding salvage operations,
NOTING that substantial developments, in particular the increased concern for the protection of
the environment, have demonstrated the need to review the international rules presently
contained in the Convention for the Unification of Certain Rules of Law relating to Assistance
and Salvage at Sea, done at Brussels, 23 September 1910,
CONSCIOUS of the major contribution which efficient and timely salvage operations can make
to the safety of vessels and other property in danger and to the protection of the environment,
CONVINCED of the need to ensure that adequate incentives are available to persons who
undertake salvage operations in respect of vessels and other property in danger,
HAVE AGREED as follows:

CHAPTER I - GENERAL PROVISIONS

Article 1 Definitions For the purpose of this Convention:
(a) "Salvage operation" means any act or activity undertaken to assist a vessel or any other
property in danger in navigable waters or in any other waters whatsoever.
(b) "Vessel" means any ship or craft, or any structure capable of navigation.
(c) "Property" means any property not permanently and intentionally attached to the
shoreline and includes freight at risk.
(d) "Damage to the environment" means substantial physical damage to human health or to
marine life or resources in coastal or inland waters or areas adjacent thereto, caused by
pollution, contamination, fire, explosion or similar major incidents.
(e) "Payment" means any reward, remuneration or compensation due under this Convention.
(f) "Organization" means the International Maritime Organization.
(g) "Secretary-General" means the Secretary-General of the Organization.

Article 2 Application of the Convention

This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt
with in this Convention are brought in a State Party.

Article 3 Platforms and drilling units

This Convention shall not apply to fixed or floating platforms or to mobile offshore drilling units
when such platforms or units are on location engaged in the exploration, exploitation or
production of sea-bed mineral resources.

Article 4 State-owned vessels

1. Without prejudice to article 5, this Convention shall not apply to warships or other non-
commercial vessels owned or operated by a State and entitled, at the time of salvage
operations, to sovereign immunity under generally recognized principles of international law
unless that State decides otherwise.
2. Where a State Party decides to apply the Convention to its warships or other vessels
described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms
and conditions of such application.

Article 5 Salvage operations controlled by public authorities

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1. This Convention shall not affect any provisions of national law or any international
convention relating to salvage operations by or under the control of public authorities.
2. Nevertheless, salvors carrying out such salvage operations shall be entitled to avail
themselves of the rights and remedies provided for in this Convention in respect of salvage
operations.
3. The extent to which a public authority under a duty to perform salvage operations may
avail itself of the rights and remedies provided for in this Convention shall be determined by
the law of the State where such authority is situated.

Article 6 Salvage contracts

1. This Convention shall apply to any salvage operations save to the extent that a contract
otherwise provides expressly or by implication.
2. The master shall have the authority to conclude contracts for salvage operations on behalf
of the owner of the vessel. The master or the owner of the vessel shall have the authority to
conclude such contracts on behalf of the owner of the property on board the vessel.
3. Nothing in this article shall affect the application of article 7 nor duties to prevent or
minimize damage to the environment.

Article 7 Annulment and modification of contracts

A contract or any terms thereof may be annulled or modified if:
(a) the contract has been entered into under undue influence or the influence of
danger and its terms are inequitable; or
(b) the payment under the contract is in an excessive degree too large or too small for
the services actually rendered.

CHAPTER II - PERFORMANCE OF SALVAGE OPERATIONS

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

1. The salvor shall owe a duty to the owner of the vessel or other property in danger:
(a) to carry out the salvage operations with due care;
(b) in performing the duty specified in subparagraph (a), to exercise due care to prevent or
minimize damage to the environment;
(c) whenever circumstances reasonably require, to seek assistance from other salvors; and
(d) to accept the intervention of other salvors when reasonably requested to do so by the
owner or master of the vessel or other property in danger; provided however that the amount
of his reward shall not be prejudiced should it be found that such a request was unreasonable.
2. The owner and master of the vessel or the owner of other property in danger shall owe a duty
to the salvor:
(a) to co-operate fully with him during the course of the salvage operations;
(b) in so doing, to exercise due care to prevent or minimize damage to the environment; and
(c) when the vessel or other property has been brought to a place of safety, to accept
redelivery when reasonably requested by the salvor to do so.

Article 9 Rights of coastal States

Nothing in this Convention shall affect the right of the coastal State concerned to take measures
in accordance with generally recognized principles of international law to protect its coastline or
related interests from pollution or the threat of pollution following upon a maritime casualty or
acts relating to such a casualty which may reasonably be expected to result in major harmful
consequences, including the right of a coastal State to give directions in relation to salvage
operations.

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Article 10 Duty to render assistance

1. Every master is bound, so far as he can do so without serious danger to his vessel
and persons thereon, to render assistance to any person in danger of being lost at sea.
2. The States Parties shall adopt the measures necessary to enforce the duty set out in
paragraph 1.
3. The owner of the vessel shall incur no liability for a breach of the duty of the
master under paragraph 1.

Article 11 Co-operation
A State Party shall, whenever regulating or deciding upon matters relating to salvage operations
such as admittance to ports of vessels in distress or the provision of facilities to salvors, take into
account the need for co-operation between salvors, other interested parties and public authorities
in order to ensure the efficient and successful performance of salvage operations for the purpose
of saving life or property in danger as well as preventing damage to the environment in general.

CHAPTER III - RIGHTS OF SALVORS

Article 12 Conditions for reward
1. Salvage operations which have had a useful result give right to a reward.
2. Except as otherwise provided, no payment is due under this Convention if the salvage
operations have had no useful result.
3. This chapter shall apply, notwithstanding that the salved vessel and the vessel
undertaking the salvage operations belong to the same owner.

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 salvors;
(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 operations;
(j) the state of readiness and efficiency of the salvor's equipment and the value thereof.
2. Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and
other property interests in proportion to their respective salved values. However, a State Party
may in its national law provide that the payment of a reward has to be made by one of these
interests, subject to a right of recourse of this interest against the other interests for their
respective shares. Nothing in this article shall prevent any right of defence.
3. The rewards, exclusive of any interest and recoverable legal costs that may be payable
thereon, shall not exceed the salved value of the vessel and other property.

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

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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.

Article 15 Apportionment between salvors

1. The apportionment of a reward under article 13 between salvors shall be made on the
basis of the criteria contained in that article.
2. The apportionment between the owner, master and other persons in the service of each
salving vessel shall be determined by the law of the flag of that vessel. If the salvage has not
been carried out from a vessel, the apportionment shall be determined by the law governing
the contract between the salvor and his servants.

Article 16 Salvage of persons

1. No remuneration is due from persons whose lives are saved, but nothing in this article
shall affect the provisions of national law on this subject.
2. A salvor of human life, who has taken part in the services rendered on the occasion of the
accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor
for salving the vessel or other property or preventing or minimizing damage to the
environment.

Article 17 Services rendered under existing contracts

No payment is due under the provisions of this Convention unless the services rendered exceed
what can be reasonably considered as due performance of a contract entered into before the
danger arose.

Article 18 The effect of salvor's misconduct

A salvor may be deprived of the whole or part of the payment due under this Convention to the
extent that the salvage operations have become necessary or more difficult because of fault or
neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct.

Article 19 Prohibition of salvage operations

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Services rendered notwithstanding the express and reasonable prohibition of the owner or master
of the vessel or the owner of any other property in danger which is not and has not been on board
the vessel shall not give rise to payment under this Convention.

CHAPTER IV - CLAIMS AND ACTIONS

Article 20 Maritime lien
1. Nothing in this Convention shall affect the salvor's maritime lien under any
international convention or national law.
2. The salvor may not enforce his maritime lien when satisfactory security for his
claim, including interest and costs, has been duly tendered or provided.

Article 21 Duty to provide security

1. Upon the request of the salvor a person liable for a payment due under this Convention
shall provide satisfactory security for the claim, including interest and costs of the salvor.
2. Without prejudice to paragraph 1, the owner of the salved vessel shall use his best
endeavours to ensure that the owners of the cargo provide satisfactory security for the claims
against them including interest and costs before the cargo is released.
3. The salved vessel and other property shall not, without the consent of the salvor, be
removed from the port or place at which they first arrive after the completion of the salvage
operations until satisfactory security has been put up for the salvor's claim against the
relevant vessel or property.

Article 22 Interim payment

1. The tribunal having jurisdiction over the claim of the salvor may, by interim decision,
order that the salvor shall be paid on account such amount as seems fair and just, and on such
terms including terms as to security where appropriate, as may be fair and just according to
the circumstances of the case.
2. In the event of an interim payment under this article the security provided under article 21
shall be reduced accordingly.

Article 23 Limitation of actions

1. Any action relating to payment under this Convention shall be time-barred if judicial or
arbitral proceedings have not been instituted within a period of two years. The limitation
period commences on the day on which the salvage operations are terminated.
2. The person against whom a claim is made at any time during the running of the limitation
period extend that period by a declaration to the claimant. This period may in the like manner
be further extended.
3. An action for indemnity by a person liable may be instituted even after the expiration of
the limitation period provided for in the preceding paragraphs, if brought within the time
allowed by the law of the State where proceedings are instituted.

Article 24 Interest
The right of the salvor to interest on any payment due under this Convention shall be determined
according to the law of the State in which the tribunal seized of the case is situated.

Article 25 State-owned cargoes

Unless the State owner consents, no provision of this Convention shall be used as a basis for the
seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, non-
commercial cargoes owned by a State and entitled, at the time of the salvage operations, to
sovereign immunity under generally recognized principles of international law.

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Article 26 Humanitarian cargoes

No provision of this Convention shall be used as a basis for the seizure, arrest or detention of
humanitarian cargoes donated by a State, if such State has agreed to pay for salvage services
rendered in respect of such humanitarian cargoes.

Article 27 Publication of arbitral awards

States Parties shall encourage, as far as possible and with the consent of the parties, the
publication of arbitral awards made in salvage cases.

CHAPTER V - FINAL CLAUSES

Article 28 Signature, ratification, acceptance, approval and accession
1. This Convention shall be open for signature at the Headquarters of the Organization from
1 July 1989 to 30 June 1990 and shall thereafter remain open for accession.
2. States may express their consent to be bound by this Convention by:
(a) signature without reservation as to ratification, acceptance or approval;
or
(b) signature subject to ratification, acceptance or approval, followed by
ratification, acceptance of approval; or
(c) accession.
3. Ratification, acceptance, approval or accession shall be effected by the deposit of
an instrument to that effect with the Secretary-General.

Article 29 Entry into force

1. This Convention shall enter into force one year after the date on which 15 States have
expressed their consent to be bound by it.
2. For a State which expresses its consent to be bound by this Convention after the
conditions for entry into force thereof have been met, such consent shall take effect one year
after the date of expression of such consent.

Article 30 Reservations
1. Any State may, at the time of signature, ratification, acceptance, approval or accession,
reserve the right not to apply the provisions of this Convention:
(a) when the salvage operation takes place in inland waters and all vessels
involved are of inland navigation;
(b) when the salvage operations take place in inland waters and no vessel is
involved;
(c) when all interested parties are nationals of that State;
(d) when the property involved is maritime cultural property of prehistoric,
archaeological or historic interest and is situated on the sea-bed.
2. Reservations made at the time of signature are subject to confirmation upon ratification,
acceptance or approval.
3. Any State which has made a reservation to this Convention may withdraw it at any time
by means of a notification addressed to the Secretary-General. Such withdrawal shall take
effect on the date the notification is received. If the notification states that the withdrawal of a
reservation is to take effect on a date specified therein, and such date is later than the date the
notification is received by the Secretary-General, the withdrawal shall take effect on such
later date.

Article 31 Denunciation

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1. This Convention may be denounced by any State Party at any time after the expiry of one
year from the date on which this Convention enters into force for that State.
2. Denunciation shall be effected by the deposit of an instrument of denunciation with the
Secretary-General.
3. A denunciation shall take effect one year, or such longer period as may be specified in the
instrument of denunciation, after the receipt of the instrument of denunciation by the
Secretary-General.

Article 32 Revision and amendment

1. A conference for the purpose of revising or amending this Convention may be convened
by the Organization.
2. The Secretary-General shall convene a conference of the States Parties to this Convention
for revising or amending the Convention, at the request of eight States Parties, or one fourth
of the States Parties, whichever is the higher figure.
3. Any consent to be bound by this Convention expressed after the date of entry into force of
an amendment to this Convention shall be deemed to apply to the Convention as amended.

Article 33 Depositary
1. This Convention shall be deposited with the Secretary-General.
2. The Secretary-General shall:
(a) inform all States which have signed this Convention or acceded thereto, and all Members
of the Organization, of:
(i) each new signature or deposit of an instrument of ratification, acceptance, approval or
accession together with the date thereof;
(ii) the date of the entry into force of this Convention;
(iii) the deposit of any instrument of denunciation of this Convention together with the
date on which it received and the date on which the denunciation takes effect;
(iv) any amendment adopted in conformity with article 32;
(v) the receipt of any reservation, declaration or notification made under this Convention;
(b) transmit certified true copies of this Convention to all States which have signed this
Convention or acceded thereto.
3. As soon as this Convention enters into force, a certified true copy thereof shall be
transmitted by the Depositary to the Secretary-General of the United Nations for registration
and publication in accordance with Article 102 of the Charter of the United Nations.

Article 34 Languages
This Convention is established in a single original in the Arabic, Chinese, English, French,
Russian and Spanish languages, each text being equally authentic.
IN WITNESS WHEREOF the undersigned being duly authorized by their respective
Governments for that purpose have signed this Convention.
DONE AT LONDON this twenty-eighth day of April one thousand nine hundred and eighty-
nine.

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