Cap. 234 Art. 345Determination of salvage. 

(1) The amount and apportionment of salvage, whether of life or property, and also any question whether the services were rendered within or outside Maltese jurisdiction, shall, if not settled by agreement, arbitration or otherwise, be determined by the Civil Court, First Hall: Provided that every agreement as to assistance or salvage entered into at the time the services are rendered may be rescinded or modified by the said court -

(a) if it considers that the terms agreed upon under the influence of danger are not equitable;

(b) if the party making the request for a rescission or modification of the agreement satisfies the court that his consent to the agreement was vitiated by fraud or concealment;

(c) if the remuneration agreed is excessively disproportionate to the services rendered.

(2) In determining the amount or the apportionment of salvage, the court shall have regard to -

(a) the measure of success obtained, and the efforts and deserts of the salvor;

(b) the danger run by the vessel saved, by her passengers, crew and cargo;

(c) the danger run by the salvor and the salving vessel;

(d) the time expended, the expenses incurred and the losses suffered, and the risks of liability and other risks run by the salvors, and also the value of the property exposed to such risks, due regard being had to the special appropriation (if any) of the salvor’s vessel for salvage purposes;

(e) the value of the property saved.

(3) Where any dispute arises as to apportionment of any amount of salvage among the owners, master, pilot, crew and other persons in the service of any foreign vessel, the amount shall be apportioned in accordance with the law of the country to which the vessel belongs.

(4) The court may deprive the salvor of all rights to salvage, or may award a reduced salvage, if it appears that the salvor has by his fault rendered the salvage or assistance necessary or has been guilty of theft, fraudulent concealment or other acts of fraud.