This week I interview John Fulweiler on Admiralty Law. John has a lot of practical advice which is not only useful to the cruising sailor but this episode bookends nicely with my previous two episodes featuring Skip Strong and Twain Braden.

John suggested I put a link to the relevant salvage law that may most precisely apply to cruising sailors (see below):

SALCON 89 (The International Convention on Salvage 1989)

Here it is:

http://www.safesea.com/salvage/law/salcon_89.html

Article 13 reads:

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:

the salved value of the vessel and other property;

the skill and efforts of the salvors in preventing or minimizing damage to the environment;

the measure of success obtained by the salvor;

the nature and degree of the danger;

the skill and efforts of the salvors in salving the vessel, other property and life;

the time used and expenses and losses incurred by the salvors;

the risk of liability and other risks run by the salvors or their equipment;

the promptness of the services rendered;

the availability and use of vessels or other equipment intended for salvage operations;

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.

Here is  a link to John's book

A SWIM: BASED ON A TRUE STORY -- THE RHODE ISLANDER WHO REFUSED TO DROWN

 

 

 

 

 

 

 

 

 

 

 

 

 

John's Biography

John K. Fulweiler, Esq. Formerly a partner in a New York maritime law firm, John K. Fulweiler graduated from the University of Rhode Island with a Marine Affairs degree and the University of Arkansas at Little Rock School of Law. In addition to being recognized by the Maritime Law Association as a Proctor-In-Admiralty, he is a licensed merchant mariner and served as a staff captain with a New England towing and salvage firm prior to law school.

John's practice focuses on representing businesses and individuals in disputes in-court and out-of-court as well as before arbitration panels and agency proceedings. John draws on his practical maritime experience in representing litigants in maritime personal injury suits, cargo damage claims, salvage and towage claims, commercial disputes and vessel products liability and warranty actions before both trial and appellate courts. His advocacy has garnered attention in such publications as Sounding's TradeOnly Today, the New York Times and the international shipping publication, TradeWinds. John also possesses significant experience litigating aviation claims and drafting commercial transportation documentation.

John is a member of the Maritime Law Association, the Connecticut Maritime Association, the Southeastern Admiralty Law Institute and the American Salvage Association. He is the Chairman of the American Salvage Association's Membership Committee. He is an author of numerous articles for maritime trade publications such as WorkBoat Magazine and has lectured across the country on maritime issues ranging from towing and salvage to maritime collection remedies.

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