Sunglory Maritime Ltd V Phi Inc | CML CMI Database

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Search Sunglory Maritime Ltd v Phi Inc CaseID: CMI210Summary:

On 24 March 2013, a helicopter operated by the defendant experienced unusual vibrations while in the air. Unsure of whether the helicopter could make it safely back to the coast, the flight captain landed the helicopter on the anchored vessel, Aeolian Heritage, a vessel owned by the plaintiff. The plaintiff sought an award of maritime ‘salvage’ under either general maritime law or the International Convention on Salvage 1989 (Salvage Convention 1989).

Defendant filed a motion for partial summary judgment, arguing that the helicopter did not constitute ‘property’ that may be the subject to a salvage award. Plaintiffs relied on the broad definition of salvageable ‘property’ provided by the Salvage Convention 1989, which states that ‘[p]roperty means any property not permanently and intentionally attached to the shoreline and includes freight at risk’. The defendant, however, disputed that the Salvage Convention 1989 applied to the exclusion of the general maritime law.

Held: The Salvage Convention 1989 applied to this case. The court reasoned that the Salvage Convention 1989 was ratified by the United States Senate in 1991 and effectively became part of the law of the United States in 1996. There is no reason why the Salvage Convention 1989 should not be regarded as the supreme law of the land. As a result, the court determined that a helicopter that transports passengers to offshore platforms over navigable waters can be salvageable property and may be subject to a salvage award if recovered or saved in navigable waters.

Parties: Sunglory Maritime Ltd, Aeolian Investments SA, M/V Aeolian Heritage, Phi IncOther Reference: Sunglory Maritime Ltd v Phi Inc 2016 WL 852476, 2016 AMC 760Date: 04/03/2016Tribunal: District Court for the Eastern District of LouisianaJudges: Nannette Jolivette Brown DJKeywords: Salvage Convention, salvage award, general maritime law, salvageable property, helicopter, marine perilWeb URL: https://casetext.com/case/sunglory-mar-ltd-v-phi-incYear:
  • 2016
Jurisdiction:
  • United States
Article:
  • 1.d
  • 13.3
  • 14.1
Convention:
  • Salvage Convention 1989
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