The definitive legal text on salvage: now in a new ninth edition from Sweet & Maxwell.
As author of this highly regarded legal text, Professor Francis Rose reminds us that salvage is property, a simple enough concept this, but one which has accumulated a complex body of law pertaining to it. Even more complexities turn up in circumstances where human lives as well as property have been involved. ‘Most people know of salvage,’ he says, ‘but few are aware of the details of the applicable law.’
This is certainly a body of law which requires an authoritative work of reference and here it is -- in a new ninth edition from Sweet & Maxwell. With a provenance dating back to 1891, it has been updated at more frequent intervals since 2010 than in the previous century. There are many factors which explain this, including the obvious ones -- and the fact that salvage disputes are frequently settled behind closed doors via arbitration awards.
‘Salvage claims’ says the author, ‘are the subject of the court’s Admiralty jurisdiction, although it has become overwhelmingly more common over the last century or so, for salvage claims to be dealt with not judicially but by arbitration.’
Rose explains further that ‘in line with the tradition of salvage awards, our concern has not been so much with the facts of these cases but with the legal principles that can be extracted from them.’ The book therefore examines familiar areas within this area of law while revealing any number of insights ‘about how things are done in today’s world.’
The author therefore cites four objectives. One is to expound on the law of maritime salvage as laid down by the Admiralty Court and secondly, to do the same with the modern law, specifically that agreed in the International Salvage Convention 1989. Thirdly, Lloyd’s Standard Form of Agreement and its associated documents and practice come under discussion, while the fourth objective is to examine other relevant matters, environmental concerns in particular.
With its emphasis on Lloyds’ arbitration awards and its extensive updates, this new edition is an important one. Take for example, the agreement of the York Antwerp Rules 2016 which, as the author explains, ‘address the overlap between salvage and general average.’
Certainly, this volume of almost 1,000 pages is a treasure trove of references for researchers, as well as being easily navigable. Featuring numbered paragraphs throughout, it is extensively footnoted -- and with its lengthy index and almost minutely detailed twenty-six page table of contents, practitioners shouldn’t have any trouble looking things up.
There are, in addition, over fifty pages of tables; namely tables of statutes, cases, statutory instruments, clauses and conventions plus a handy table of abbreviations. The four appendices include salvage documents and rules and regulations, notably the York Antwerp Rules 2016.
Venerable yet contemporary and very readable, this text offers practitioners an authoritative guide to ‘the applicable law’ of salvage upon which they can rely. It is safe to say that every shipping lawyer, as well as those in related areas of law should have a copy.
The publication date is cited as at 2017 and the law is as stated at 11th January 2017.
Sweet & Maxwell/Thomson Reuters British Shipping Law Library | www.sweetandmaxwell.co.uk
ISBN: 978 0 41406 106 4