York-antwerp rules

York-Antwerp Rules 1994
York-Antwerp Rules, 1994 RULE OF INTERPRETATION In the adjustment of general average the following Rules shall apply to the exclusion of any Law and Practice inconsistent therewith. Except as provided by the Rule Paramount and the numbered Rules, general average shall be adjusted according to the lettered Rules. RULE PARAMOUNT In no case shall there be any allowance forsacrifice or expenditure unless reasonably made or incurred. York-Antwerp Rules, 1974 as amended 1990 RULE OF INTERPRETATION In the adjustment of general average the following lettered and numbered Rules shall apply to the exclusion of any Law and Practice inconsistent therewith. Except as provided by the numbered Rules, general average shall be adjusted according to the lettered Rules.York-Antwerp Rules, 1994

York-Antwerp Rules, 1974 as amended 1990 RULE A There is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure.

RULE A There is a general average act when, and only when, anyextraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure. General average sacrifices and expenditures shall be borne by the different contributing interests on the basis hereinafter provided. RULE B There is a common maritime adventure when one or morevessels are towing or pushing another vessel or vessels, provided that they are all involved in commercial activities and not in a salvage operation. When measures are taken to preserve the vessels and their cargoes, if any, from a common peril, these Rules shall apply. A vessel is not in common peril with another vessel or vessels if by simply disconnecting from the other vessel or vessels she is insafety; but if the disconnection is itself a general average act the common maritime adventure continues. RULE C Only such losses, damages or expenses which are the direct consequence of the general average act shall be allowed as general average.

RULE B General average sacrifices and expenses shall be borne by the different contributing interests on the basis hereinafter provided.

RULE COnly such losses, damages or expenses which are the direct consequence of the general average act shall be allowed as general average.

York-Antwerp Rules, 1994 In no case shall there be any allowance in general average for losses, damages or expenses incurred in respect of damage to the environment or in consequence of the escape or release of pollutant substances from the property involved inthe common maritime adventure. Demurrage, loss of market, and any loss or damage sustained or expense incurred by reason of delay, whether on the voyage or subsequently, and any indirect loss whatsoever, shall not be admitted as general average. RULE D Rights to contribution in general average shall not be affected, though the event which gave rise to the sacrifice or expenditure may have been dueto the fault of one of the parties to the adventure, but this shall not prejudice any remedies or defences which may be open against or to that party in respect of such fault. RULE E The onus of proof is upon the party claiming in general average to show that the loss or expense claimed is properly allowable as general average. All parties claiming in general average shall give notice in writingto the average adjuster of the loss or expense in respect of which they claim contribution within 12 months of the date of the termination of the common maritime adventure. Failing such notification, or if within 12 months of a request for the same any of the parties shall

York-Antwerp Rules, 1974 as amended 1990

Loss or damage sustained by the ship or cargo through delay, whether on the...