劳氏标准救助合同模板

劳氏标准救助合同模板篇一：劳氏救助合同劳氏救助合同标准格式LLOYDS STANDARD FORM OF SALVAGE AGREEMENTNO CURE-NO PAY 无效果无报酬(LOF 1990)Notes1. Insert 填入 name of person signing on behalf of Owners of property to be salved.代表被救财产所有人的签约人的名字 The Master should sign wherever possible.如可能，船长应签字2. The Contractors name 救助人的名字 should always be ed in line 3第二行 andwhenever the Agreement is signed by the Master of the Salving vessel or other person on behalf of the Contractor救助人 the name of the Master or other person must also be ed in line 3 before the words一词前 for and on behalf of 代表 .The words for and on behalf of should be d 删祛 where a Contractor救助人 signs personally 亲自.3. Insert place 地名 if agreed in clause 1 (a) (i) and currency货币名 if agreed in clause 1 (e). On board the 在-船Dated _IT IS HEREBY AGREED 兹协议 between Captain 船长 (See Note 1 above)behalf of the Owner of 代表 property thereon (hereinafter collectively called the Owners以下泛称所有人) and与 for and on behalf of 代表(hereinafter called the Contractor以下称救助人, See Note 2 above) that:1. (a) The Contractor 救助人 shall use his best endeavors尽最大努力: (i) to salve the 救船名）and/or her cargo freight bunkers stores and any other property thereon and take them to 送到(See Note 3 above) or to such other place as may hereafter事后 be agreed 协议的 either place to be deemed认为 a place of safety or if no such place is named指定的 or agreed 协议的 to a place of safety and (ii) While performing履行 the salvage services to prevent or minimize damage to the environment.(b) Subject to 限于 clause 2 incorporating 采纳 Convention Article 14 the services shall be rendered提交 and accepted接受 as salvage services upon the principle 原则 of no cure-no pay.(c) The Contractors remuneration 报酬 shall be fixed by Arbitration仲裁 in London in the manner 以。方式 hereinafter prescribed规定的 and any other difference 争议 arising out产生 of this Agreement 本协议 or the operations there under本救助作业下 shall be referred to 提供 Arbitration仲裁 in the same way 以同样方式.(d) In the event of 如果 the services referred to 提供in this Agreement or any part of such services having been already rendered提交 at the date of this Agreement by the Contractor救助人 to the said vessel and/or her cargo freight bunkers stores and any other property thereon the provisions规定 of this Agreement shall apply to 适用 such services. (e) The security担保 to be provided to 提供 the Council委员会 of Lloyds (hereinafter called the Council) the Salved Value(s)获救价值 the Award 裁决 and/or any Interim Award(s) 临时裁决 and/or any Award on Appeal 上诉裁决 shall be in 应以 (See Note 3 above) 货币单位(f) If clause 1 (e) is not completed 未完成（填写） then the security to be provided and the Salved Value (s) the Award and/or Interim Award (s) and/or Award on Appeal shall be inPounds Sterling.英币的英镑(g) This Agreement and Arbitration there under shall except除外 as otherwise其他 expressly 明确的 provided 规定的 be governed by统辖 the law of England, including the English law of salvage.英国海上救助法PROVISIONS 规定 AS TO THE SERVICES2. Article 1 (a) to (e), 8, 13.1, 13.2 first sentence第一句, 13.3 and 14 ofthe International Convention on Salvage 1989 (the Convention Articles公约条款) set out hereafter 后文列叙的 are hereby incorporated在此采纳 into this Agreement. The terms条款 Contractor and services/salvage services in this Agreement shall have the same meaning意义 as the terms salvor(s) and salvage operation (s) in the Convention Articles.公约条款3. The Owners 所有人 their Servants 雇员 and Agents shall co-operate fully with与。通力合作 the Contractor 救助人 in and about the salvage在救助中及与救助作业有关的方面 including obtaining获得 entry to 进入 the place named 指定地点 or the place of safety 安全地点 as defined定义的 in clause 1. The Contractor may make reasonable use of合理使用 the vessels machinery gear equipment anchors chains stores and other appurtenances属具 during and for the purpose of 在。期间并以。为目的 the salvage services free of expense 免费 but shall not 不得 unnecessarily不必要 damage abandon or sacrifice牺牲 the same or any property the subject 标的 of this Agreement.PROVISIONS AS TO SECURITY4. (a) The Contractor 救助人 shall immediately after the termination结束 of theservices or sooner notify 通报 the Council 委员会 and where practicable如可行 the Owners of the amount for which he demands要求 security 担保金额 (inclusive of costs 费用 expenses开支 and interest 利息) from each of the respective有关 Owners.(b) Where 如果 the exception to the principle of 例外原则 no cure-no pay under Convention Article 14 becomes likely to be applicable适用 the owners of the vessel shall on the demand of应。要求 the Contractor provide 提供 security for the Contractors special compensation.特别补偿(c) The amount of any such security shall be reasonable in the light of（就。而言） the knowledge available to 就。可获知的情况而言 the Contractor at the time when the demand is made提出要求. Unless otherwise agreed 除非另有协议 such security shall be provided (i) to the Council (ii) in a form approved认可的格式 by the Council and (iii) by persons firms商号 or corporations 公司 either acceptable to可接受的 the Contractor or resident in 居住在 the United Kingdom and acceptable to the Council. The Council shall not be responsible for the sufficiency充分性 (whether in amount or otherwise无论在数量或其他方面) of any security which shall be provided nor for the default违约 or insolvency无力支付 of any person firm or corporation providing the same.(d) The Owners of the vessel their Servants 雇员 and Agents shall use their best endeavors尽最大努力 to ensure that the cargo owners provide theirproportion 比例 of security before the cargo is released释放.5. (a) Until security has been provided as aforesaid 上叙的 the Contractor shall have a maritime lien on 对。享海事留置权 the property salved for his remuneration报酬. The property salved shall not without the consent未经同意 in writing书面 of the Contractor (which shall not be ueasonably withheld无理拒绝) be removed 转移 from the place to which it have been taken by the Contractor under clause 1 (a).(b) The Contractor shall not arrest 扣押 or detain 滞留 the property salved unless: (i) security is not provided within 14 days (exclusive of Saturdays and Sundays or other days observed as general holidays at Lloyds劳氏公共假期) after the date of the termination of the services or (ii) he has reason to believe有理由相信 that the removal of the property salved is contemplated预期的 contrary to 违背 clause 5 (a) or (iii) any attempt企图 is made to remove the property salved contrary to违背 clause 5 (a).(c) The Arbitrator appointed 指定的仲裁员 under clause 6 or the Appeal Arbitrator上诉仲裁员 (s) appointed under clause 11 (d) shall have power in their absolute拥有绝对权利 discretion to 裁决给 include in the amount awarded to 裁决给 the Contractor the whole or part of any expenses 开支 reasonably incurred by the Contractor in: (i) ascertaining确定 demanding 要求 and obtaining 获取 the amount of security reasonably required in accordance with clause 4, or (ii) enforcing行使 and/or protecting by insurance or otherwise其他方式 or taking reasonable steps 采取合理步骤 to enforce行使 and/or protect his lien 留置权.PROVISIONS AS TO ARBITRATION 仲裁规定6. (a) Where security is provided to the Council 委员会 in whole or in part the Council shall appoint指定 an Arbitrator仲裁员 in respect of 有关 the property covered by such security.(b) Whether security has been provided or not the Council shall appoint an Arbitrator upon receipt of在收到 a written request书面请求 made by letter telex facsimile or in any other permanent form永久性表格 provided that 如果 any party requesting such appointment指定 shall if required by the Council委员会 undertake 承担 to pay the reasonable fees and expenses of the Council委员会 and/or any Arbitrator or Appeal Arbitrator (s).(c) Where an Arbitrator has been appointed and the parties do not proceed进行 to arbitration the Council may recover追偿 any fees 收费 costs 费用 and/or expenses 开支 which are outstanding显著的（明显的） and thereupon 于是 terminate结束 the appointment of such Arbitrator.7. The Contractors remuneration 报酬 shall be fixed by 由。确定 the Arbitrator appointed under clause 6. Such remuneration shall not be diminished减小 by reason of由于 the exception to the principle of免除原则 no cure-no pay under Convention Article 14.REPRESENTATION 代表8. Any party to this Agreement who wishes to be heard审理 or to adduce 提出（举证） evidence 证据 shall nominate 任命 a person in the United Kingdom to represent代表 him failing which 否则 the Arbitrator or Appeal Arbitrator (s) may proceed进行 as if such party had renounced his right放弃权利 to be heard or adduce evidence.CONDUCT OF THE ARBITRATION 仲裁的举行9. (a) The Arbitrator shall have power to 有权: (i) admit承认采纳 such oral 口头证词 or documentary evidence 书证 or information 资料 as he may think fit 认为适当 (ii) conduct the Arbitration举行仲裁 in such manner 以。方式 in all respects在一切方面 as he may think fit 认为适当 subject to限于 such procedural rules 程序规则 as the Council may approve核准 (iii) condemn 责令 the Contractor in his absolute discretion全权 in the whole or part of the expense of providing excessive额外的 security and deduct 扣除 the amount in which the Contractor is so condemned from被责令 the salvage remuneration 报酬 and/or special compensation特别补偿 () make Interim Award 作出临时裁决 (s) on such terms as may be fair and just公平合理的 (v) make such orders作出判令 as to 为 costs fee