The Law of Salvage: A Time for Change? "No Cure-No Pay" No Good?

Article by Geoffrey Brice, Q.C.

Traditionally, salvage law in the United States and other maritime jurisdictions has proceeded on the basis of “no cure-no pay.” The means that a salvor receives no reward whatever his exertions or expenditures unless he preserves property having value. Given the cost of maintaining salvage facilities at instant readiness and given the frequent threats of environmental pollution, the traditional system may be found lacking. To maintain a system of salvage, commercially interested representatives have devised a new system known as SCOPIC. This system guarantees remuneration to salvors, under Lloyd's Form, on a tariff basis in certain circumstances. This was an American initiative and should be wholly welcomed by all concerned. Its implications are explained in this Article.


About the Author

Geoffrey Brice, Q.C. Queen's Counsel; Deputy Judge of the English High Court (Admiralty and Commercial Courts); Lloyd's Salvage Arbitrator; Visiting Professor of Maritime Law, Tulane University School of Law; Author of Maritime Law of Salvage (3d ed. 1999).

Citation

73 Tul. L. Rev. 1831 (1999)