LOF l’acromimo indica Il Lloyd’s open form, il documento principe che ogni comandante dovrebbe conoscere in caso di emergenza. Vengono stabiliti con un contratto standard i termini di ricompensa a chi presta soccorso ad una nave in difficoltà .
Di seguito l’ultima versione del 2011 cosi come ufficialmente pubblicato dal Lloyds all’indirizzo
LLOYD’S STANDARD FORM OF SALVAGE AGREEMENT
(Approved and Published by the Council of Lloyd’s)
NO CURE – NO PAY
1. Name of the salvage Contractors:
(referred to in this agreement as “the Contractors”)
2. Property to be salved:
her cargo freight bunkers stores and any other property thereon but excluding the personal effects or baggage of passengers master or crew
(referred to in this agreement as “the property”)
3. Agreed place of safety:
4. Agreed currency of any arbitral award and security (if other than United States dollars)
5. Date of this agreement
6. Place of agreement
7. Is the Scopic Clause incorporated into this agreement? State alternative : Yes/No
8. Person signing for and on behalf of the Contractors
or other person signing for and on behalf of the property
A Contractors’ basic obligation: The Contractors identified in Box 1 hereby agree to use their best endeavours to salve the property specified in Box 2 and to take the property to the place stated in Box 3 or to such other place as may hereafter be agreed. If no place is inserted in Box 3 and in the absence of any subsequent agreement as to the place where the property is to be taken the Contractors shall take the property to a place of safety.
B Environmental protection: While performing the salvage services the Contractors shall also use their best endeavours to prevent or minimise damage to the environment.
C Scopic Clause: Unless the word “No” in Box 7 has been deleted this agreement shall be deemed to have been made on the basis that the Scopic Clause is not incorporated and forms no part of this agreement. If the word “No” is deleted in Box 7 this shall not of itself be construed as a notice invoking the Scopic Clause within the meaning of sub-clause 2 thereof.
Page 1 of 2
D Effect of other remedies: Subject to the provisions of the International Convention on Salvage 1989 as incorporated into English law (“the Convention”) relating to special compensation and to the Scopic Clause if incorporated the Contractors services shall be rendered and accepted as salvage services upon the principle of “no cure – no pay” and any salvage remuneration to which the Contractors become entitled shall not be diminished by reason of the exception to the principle of “no cure – no pay” in the form of special compensation or remuneration payable to the Contractors under a Scopic Clause.
E Prior services: Any salvage services rendered by the Contractors to the property before and up to the date of this agreement shall be deemed to be covered by this agreement.
F Duties of property owners: Each of the owners of the property shall cooperate fully with the Contractors. In particular:
(i) the Contractors may make reasonable use of the vessel’s machinery gear and equipment free of expense provided that the Contractors shall not unnecessarily damage abandon or sacrifice any property on board;
(ii) the Contractors shall be entitled to all such information as they may reasonably require relating to the vessel or the remainder of the property provided such information is relevant to the performance of the services and is capable of being provided without undue difficulty or delay;
(iii) the owners of the property shall co-operate fully with the Contractors in obtaining entry to the place of safety stated in Box 3 or agreed or determined in accordance with Clause A.
G Rights of termination: When there is no longer any reasonable prospect of a useful result leading to a salvage reward in accordance with Convention Articles 12 and/or 13 either the owners of the vessel or the Contractors shall be entitled to terminate the services hereunder by giving reasonable prior written notice to the other.
H Deemed performance: The Contractors’ services shall be deemed to have been performed when the property is in a safe condition in the place of safety stated in Box 3 or agreed or determined in accordance with clause A. For the purpose of this provision the property shall be regarded as being in safe condition notwithstanding that the property (or part thereof) is damaged or in need of maintenance if (i) the Contractors are not obliged to remain in attendance to satisfy the requirements of any port or habour authority, governmental agency or similar authority and (ii) the continuation of skilled salvage services from the Contractors or other salvors is no longer necessary to avoid the property becoming lost or significantly further damaged or delayed.
I Arbitration and the LSSA Clauses: The Contractors’ remuneration and/or special compensation shall be determined by arbitration in London in the manner prescribed by Lloyd’s Standard Salvage and Arbitration Clauses (“the LSSA Clauses”) and Lloyd’s Procedural Rules in force at the date of this agreement. The provisions of the said LSSA Clauses and Lloyd’s Procedural Rules are deemed to be incorporated in this agreement and form an integral part hereof. Any other difference arising out of this agreement or the operations hereunder shall be referred to arbitration in the same way.
J Governing law: This agreement and any arbitration hereunder shall be governed by English law.
K Scope of authority: The Master or other person signing this agreement on behalf of the property identified in Box 2 enters into this agreement as agent for the respective owners thereof and binds each (but not the one for the other or himself personally) to the due performance thereof.
L Inducements prohibited: No person signing this agreement or any party on whose behalf it is signed shall at any time or in any manner whatsoever offer provide make give or promise to provide or demand or take any form of inducement for entering into this agreement.
1 Salvage security. As soon as possible the owners of the vessel should notify the owners of other property on board that this agreement has been made. If the Contractors are successful the owners of such property should note that it will become necessary to provide the Contractors with salvage security promptly in accordance with Clause 4 of the LSSA Clauses referred to in Clause I. The provision of General Average security does not relieve the salved interests of their separate obligation to provide salvage security to the Contractors.
2 Incorporated provisions. Copies of the applicable Scopic Clause, the LSSA Clauses and Lloyd’s Procedural Rules in force at the date of this agreement may be obtained from (i) the Contractors or (ii) the Salvage Arbitration Branch at Lloyd’s, One Lime Street, London EC3M 7HA.
3 Awards. The Council of Lloyd’s is entitled to make available the Award, Appeal Award and Reasons on http://www.lloydsagency.com (the website) subject to the conditions set out in Clause 12 of the LSSA Clauses.
4 Notification to Lloyd’s. The Contractors shall within 14 days of their engagement to render services under this agreement notify the Council of Lloyd’s of their engagement and forward the signed agreement or a true copy thereof to the Council as soon as possible. The Council will not charge for such notification.
Tel.No. + 44(0)20 7327 5408/5407 Fax No. +44(0)20 7327 6827 E-mail: firstname.lastname@example.org http://www.lloydsagency.com
Allo stesso indirizzo e’ possibile scaricare anche il PDF .
LLOYD’S OPEN FORM (LOF) – NEW FCAP LIMITS ANNOUNCED
Information about Lloyd’s Open Form (LOF). LOF provides a regime for determining the amount of remuneration to be awarded to salvors for their services in saving property at sea and minimising or preventing damage to the environment.
Lloyd’s Salvage Arbitration Branch is pleased to announce the publication of LOF2011 (239KB.pdf) and revised LSSA Clauses (283KB.pdf) for use by the maritime community. The changes to the form are detailed in the attached statement (32KB.pdf) .
Lloyd’s further annouces that with effect from 20 June, 2011, the following amendments have been made to the FCAP.
(i) The level of the security demand referred to in section 1 of the FCAP Guidelines (29.8kb,
pdf) has been increased from USD1,000,000 to USD1,500,000.
(ii) The cap on party and party costs in a matter before a First Instance Arbitrator has been
increased from GBP10,000 to GBP15,000*.
(iii) The cap on the First Instance Arbitrator’s fees has been increased from GBP3,000 to
GBP4,500, plus any fees associated with interlocutory work*.
* See the FCAP “ Schedule of Fixed Costs (14.3kb. pdf) ”.
The cap on Lloyd’s fees will remain unchanged at GBP1,000, as will the cap on costs associated with an Appeal.
The Salvage Arbitration Branch is responsible for the administration of Lloyd’s Standard Form of Salvage Agreement, or LOF as it is more commonly referred to.
LOF provides a regime for determining the amount of remuneration to be awarded to salvors for their services in saving property at sea and minimising or preventing damage to the environment. Originating from the late 1800s it is probably the most widely used international salvage agreement of its kind in the world today.
The form (239KB, pdf) is administered by Lloyd’s Salvage Arbitration Branch whose role is to provide a reputable and secure framework within which the LOF arbitration process can operate. The Form is accompanied by the Lloyd’s Standard Salvage and Arbitration (LSSA) Clauses (283KB, pdf) and procedural rules (91KB, pdf).
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