The Plaintiff agreed to salvage the Defendant’s ship Виктория (Victoria), which had sunk at the wharf after catching fire during maintenance operations. The parties agreed a set salvage fee of RMB5,000,000, some of which was paid in advance by the Defendant. After Виктория (Victoria) was successfully refloated, it was found that some of the water inside the vessel could not be pumped out because of pollution emission standards, but the parties signed a Completion Report stating that the salvage operation had been successfully completed. Thereafter, the Plaintiff provided the Defendant with personnel and equipment to help perform follow-up operations at an agreed daily rate. The Defendant refused to pay anything more than the advance payment, saying that the Plaintiff had not successfully completed the operation.

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China Yantai Salvage v. Qingdao QOF Group Co., Ltd.

  • Martin Davies,
  • Jiang Lin

摘要

The Plaintiff agreed to salvage the Defendant’s ship Виктория (Victoria), which had sunk at the wharf after catching fire during maintenance operations. The parties agreed a set salvage fee of RMB5,000,000, some of which was paid in advance by the Defendant. After Виктория (Victoria) was successfully refloated, it was found that some of the water inside the vessel could not be pumped out because of pollution emission standards, but the parties signed a Completion Report stating that the salvage operation had been successfully completed. Thereafter, the Plaintiff provided the Defendant with personnel and equipment to help perform follow-up operations at an agreed daily rate. The Defendant refused to pay anything more than the advance payment, saying that the Plaintiff had not successfully completed the operation.