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Admiralty Court rules in favour of salvage crew

On Feb 27, 2025, the Admiralty Court in London has granted the Elise Tankschifffahrt, awarding GBP 90,000 to the SD Rebel BV and the crew of the 'VB Rebel' for salvage services rendered to the 'Stella' (MMSI: 218030600), now sailing as 'Esco', in a complex case concerning the enforcement of a jurisdiction clause and the definition of salvage under the Salvage Convention, enshrined in UK statute as part of the Merchant Shipping Act 1995. On Nov 14, 2023, the tanker,then owned by the Elise Tankschifffahrt, ran aground at the Scheurhaven, Rotterdam. The vessel was carrying a hazardous cargo, posing a substantial risk to the environment and nearby infrastructure and so, in response to the emergency, the tug 'VB Rebel',, owned by SD Rebel BV, was dispatched to provide salvage services. The salvage operation was successful, and a Certificate of Safe Delivery was signed by both parties. This certificate included a jurisdiction clause stipulating that any disputes arising from the salvage operation would be settled in London under English law but, despite this agreement, Elise Tankschiffahrt launched legal proceedings in the Rotterdam District Court, challenging the validity of the jurisdiction clause and the nature of the salvage services provided. The claimants, SD Rebel and the crew of the tug, sought an anti-suit injunction, together with costs, to prevent the Elise Tankschifffahrt from continuing the proceedings in the Rotterdam District Court, positing that the services provided by the tug constituted salvage under the Salvage Convention, that the jurisdiction clause in the Certificate of Safe Delivery was clear and enforceable, and that the defendant’s initiation of proceedings in the Netherlands breached this agreement. The claimants also pressed home the point that, because of the hazardous nature of the tanker's cargo, the crew faced great peril in undertaking the operation. The defendant Elise Tankschiffahrt did not appear and was unrepresented, but did provide the court with witness statements and expert reports. These challenged the validity of the jurisdiction clause, calling on the non est factum defence and averring that the clause was uncertain, ambiguous and not properly explained to them at the time of signing, rendering it unenforceable. Moreover, the defendant contended that the services provided by the 'VB Rebel' failed to meet the criteria for salvage under the Salvage Convention because the operation was routine and did not involve the level of danger or skill required to qualify as salvage. As such, they claimed that the English court lacked jurisdiction to hear the case and that the proceedings should continue in the Netherlands. Admiralty Registrar Davison concluded that the services provided by the tig did indeed constitute salvage under the Salvage Convention, holding: “The professional nature of the salvage services provided […] and the inherent danger faced by the MV STELLA justify the award granted.” However, he also justified the relatively modest sum awarded, calling on The Nagasaki Spirit [1977], which concerned the interpretation of salvage remuneration under Article 13 of the International Convention on Salvage 1989. In that case, the vessel Nagasaki Spirit collided with another ship, causing a major oil spill and fire. Salvors undertook extensive efforts to control the situation but received only a modest remuneration due to a low market value of the salved property. They argued for a fairer reward under Article 13, which considers factors such as risk, skill and environmental protection but, while acknowledging the bravery of the salvage crew, the House of Lords held that salvage remuneration is primarily based on the value of the salved property, even when the salvor’s efforts prevent environmental damage. Registrar Davison also addressed the validity of the jurisdiction clause in the Certificate of Safe Delivery. He rejected the defendants’ arguments of non est factum, ruling: “The jurisdiction clause in the Certificate of Safe Delivery is clear and enforceable, and the defendant’s actions in pursuing proceedings in the Netherlands constitute a breach of this agreement.” He further noted that allowing the Dutch proceedings to continue would undermine the jurisdiction agreement and create unnecessary legal uncertainty.

New Damen ASD 2810 tugs for KOTUG

Three brand new Damen ASD 2810 tugs (SD Rebel, SD Rover and SD Ranger) were bought from stock by KOTUG. The tugs arrived at Rotterdam after a 23 day transit from Galatz (Romania). They will be repainted in the KOTUG house style colours, red hulls and blue stacks. Two tugs will stay in the port of Rotterdam, and one will go to Germany.