Salvage Claims in Malaysia: What Shipowners and Cargo Interests Need to Know

Frequently Asked Questions: Limitation of Liability in Malaysia  

Q: What makes a service qualify as ‘salvage’ under Malaysian law?

A: For a service to qualify as salvage under Malaysian law and the 1989 Salvage Convention, several elements must be present. First, the vessel or cargo must have been in genuine peril — a real and present danger, not merely a hypothetical risk. Second, the service must have been rendered voluntarily — a vessel’s own crew performing their ordinary duties does not give rise to a salvage claim. Third, the salvage must have been successful — under the ‘no cure, no pay’ principle, a salvor who attempts but fails to save the vessel is generally entitled to nothing (though SCOPIC provides an exception for environmental protection efforts). The assessment of peril, voluntariness, and success are all factual questions that can be contested, and a maritime lawyer should be engaged immediately after any salvage operation to protect the shipowner’s position.

Q: How is a salvage award calculated in Malaysia?

A: For LOF salvage, the award is assessed by a Lloyd’s arbitrator in London applying the criteria set out in Article 13 of the 1989 Salvage Convention. These include: the salved value of the vessel, cargo, and bunkers; the skill and efforts of the salvors; the success of the operation; the degree of danger to the vessel, cargo, and crew; the risk to the salvors and their equipment; the environmental threat and the effectiveness of measures taken to prevent pollution; and the time and expense involved. The award cannot exceed the salved value of the property. For salvage operations not governed by LOF, the award is assessed by the court. In Malaysia, salvage awards in non-LOF cases may be assessed by the Admiralty Court applying the same Article 13 criteria.

Q: Can the salvor arrest my vessel in Malaysia to secure its award?

A: Yes — and this is one of the most powerful features of a salvage lien. A salvage claim gives rise to a maritime lien, which means the salvor has an immediate and privileged security interest in the salved property. If the salvage award is not paid or secured, the salvor can apply to the Malaysian Admiralty Court to arrest the vessel — even if ownership has changed since the salvage was performed. The lien follows the property, not the owner. In practice, most P&I Clubs will provide security in the form of a Letter of Undertaking to secure the release of a vessel arrested for salvage, allowing the vessel to return to trade while the quantum of the award is determined. A maritime lawyer should be instructed immediately to manage the security negotiation.

Q: What is SCOPIC, and when does it apply?

A: SCOPIC — the Special Compensation P&I Club clause — is an optional addition to Lloyd’s Open Form salvage contracts that provides a safety net for salvors in cases where the salved property values are low but significant environmental protection efforts are required. Under Article 14 of the 1989 Salvage Convention, a salvor is entitled to special compensation from the shipowner where the salvage operation has prevented or minimised damage to the environment, even where the salvage was unsuccessful, or the property values do not support a substantial award. SCOPIC effectively replaces Article 14 with a more predictable tariff-based calculation. It is typically invoked where a tanker or other vessel poses a significant pollution risk in environmentally sensitive waters — including Malaysian waters along the Strait of Malacca. The shipowner’s P&I Club is responsible for paying SCOPIC compensation, not the cargo insurers.

Q: Do cargo owners have to contribute to salvage awards?

A: Yes — and this is often a surprise to importers and exporters. When a vessel is salved, and cargo is saved as part of the operation, the cargo owners are required to contribute to the salvage award in proportion to the value of their cargo as a fraction of the total salved property (vessel, cargo, and bunkers). This contribution is collected through the General Average process — the shipowner will issue a General Average declaration, and cargo owners will be required to provide a General Average bond or cash deposit before their goods are released at the port of discharge. Marine cargo insurance typically covers General Average contributions — but only if the policy is in force at the time of the incident. Cargo owners without valid insurance may find themselves personally liable for substantial General Average contributions.