Example Scenario Synopsis
You have been asked to represent the owner of the yacht 'Arctic Tern.' The yacht was on route to Lisbon from Southampton when it was lost during heavy weather in the Bay of Biscay. The yacht had 12 people onboard at the time of the distress. They sent a distress message once the mast had become unusable and they could no longer raise sail. The vessel M/V 'Real Star' answered the distress call.
When the owner and crew of the yacht were onboard the Real Star, the owner asked the master if he/she could take the vessel in tow until the weather calmed down.
Later, the owners of the yacht issued a statement claiming the yacht had been rammed by the M/V 'Real Star' as it came alongside to rescue the crew. As the yacht was warped aft to its towing position it came into contact with the vessel M/V 'Real Star' two more times. The vessel had been towing the vessel for a short time when it sank. M.V. Real Star's insurance company denies the claim. The value of the yacht was agreed for the purpose of the case at £341,175.00 Task: The owner of the yacht claims the Real Star collided with and sank the yacht; advise the owner how real this claim is? Mv Arctic Tern had sent a distress call on a vessel in bad weather, which is not under command and under way. Mv Real Star which received the distress call and answered to the distress call of the yacht crew by exercising the international Search and the rescue codes. International codes that are applicable to the rescue operations are ; 1.United Nations Convention on the Law of the Sea, 1982, Article 98 2.International Convention on Maritime Search and Rescue, 1979, as amended, 3.International Convention for the Safety of Life at Sea, 1974, as amended, chapter V, regulation33 4.International Convention on Salvage, 1983, Article 11 According to the codes; “a ship master should proceed with all speed to the assistance of persons in distress at sea “. The master of the Mv Real Star had fulfilled his humanitarian obligation by rescuing the persons on the yacht in severe weather conditions. After the rescue operation had been completed. The owner of the “Arctic Tern” …show more content…
The sole obligation of the master is to do a rescue operation for persons in distress up to his best professional judgement and capability. Therefore, avoidance for the damages to the Sailing Yacht in distress is not the subject of rescue operation as per the governing Search and Rescue convention.
For the claims regarding the loss of the yacht during the salvage operation,
The applicable code is the International Convention on Salvage,1989.
According to that code,
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
You have been asked to represent the owner of the yacht 'Arctic Tern.' The yacht was on route to Lisbon from Southampton when it was lost during heavy weather in the Bay of Biscay. The yacht had 12 people onboard at the time of the distress. They sent a distress message once the mast had become unusable and they could no longer raise sail. The vessel M/V 'Real Star' answered the distress call.
When the owner and crew of the yacht were onboard the Real Star, the owner asked the master if he/she could take the vessel in tow until the weather calmed down.
Later, the owners of the yacht issued a statement claiming the yacht had been rammed by the M/V 'Real Star' as it came alongside to rescue the crew. As the yacht was warped aft to its towing position it came into contact with the vessel M/V 'Real Star' two more times. The vessel had been towing the vessel for a short time when it sank. M.V. Real Star's insurance company denies the claim. The value of the yacht was agreed for the purpose of the case at £341,175.00 Task: The owner of the yacht claims the Real Star collided with and sank the yacht; advise the owner how real this claim is? Mv Arctic Tern had sent a distress call on a vessel in bad weather, which is not under command and under way. Mv Real Star which received the distress call and answered to the distress call of the yacht crew by exercising the international Search and the rescue codes. International codes that are applicable to the rescue operations are ; 1.United Nations Convention on the Law of the Sea, 1982, Article 98 2.International Convention on Maritime Search and Rescue, 1979, as amended, 3.International Convention for the Safety of Life at Sea, 1974, as amended, chapter V, regulation33 4.International Convention on Salvage, 1983, Article 11 According to the codes; “a ship master should proceed with all speed to the assistance of persons in distress at sea “. The master of the Mv Real Star had fulfilled his humanitarian obligation by rescuing the persons on the yacht in severe weather conditions. After the rescue operation had been completed. The owner of the “Arctic Tern” …show more content…
The sole obligation of the master is to do a rescue operation for persons in distress up to his best professional judgement and capability. Therefore, avoidance for the damages to the Sailing Yacht in distress is not the subject of rescue operation as per the governing Search and Rescue convention.
For the claims regarding the loss of the yacht during the salvage operation,
The applicable code is the International Convention on Salvage,1989.
According to that code,
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