
Major casualties
CESAM offers shared management of major claims (general average, assistance, major weather events) for the French market.
GENERAL AVERAGE
General average is a rule specific to maritime law designed to share fairly, between ship owners and cargo owners, the sacrifices (damages or expenses) resulting from effective actions that a vessel’s captain takes voluntarily and reasonably to save a venture as a whole.
ASSISTANCE
Assistance is defined as any act or activity undertaken to “assist a vessel or other property in danger in any waters”. A maritime assistance contract is signed between a representative of the goods to be salvaged (usually the vessel’s captain) and the assistance provider. In the event of effective action, the amount of remuneration to be paid to the assistance provider is determined using very detailed criteria:
- Either by negotiation between the representatives of the salvaged properties (ship’s hull, cargo, containers, leased equipment, bunkers, etc.) and the assistance provider;
- Or in accordance with the provisions of the signed contract, most often by arbitration;
- Or through courts.
OTHER
Any major marine casualty for which a number of CESAM members decide to pool management resources (appointment of surveyors, lawyers, etc.).