YORK-ANTWERP RULES 1994 YORK-ANTWERP RULES 2016 YORK .
York-Antwerp Rules 2016YORK-ANTWERP RULES 1994YORK-ANTWERP RULES 2016YORK-ANTWERP RULES 2004Rule of InterpretationRule of InterpretationRule of InterpretationIn the adjustment of general average thefollowing Rules shall apply to the exclusionof any Law and Practice inconsistenttherewith.In the adjustment of general average thefollowing Rules shall apply to the exclusionof any law and practice inconsistenttherewith.In the adjustment of general average thefollowing Rules shall apply to the exclusionof any Law and Practice inconsistenttherewith.Except as provided by the Rule Paramountand the numbered Rules, general averageshall be adjusted according to the letteredRules.Except as provided by the Rule Paramountand the numbered Rules, general averageshall be adjusted according to the letteredRules.Except as provided by the Rule Paramountand the numbered Rules, general averageshall be adjusted according to the letteredRules.Rule ParamountRule ParamountRule ParamountIn no case shall there be any allowance for In no case shall there be any allowance for In no case shall there be any allowance forsacrifice or expenditure unless reasonably sacrifice or expenditure unless reasonably sacrifice or expenditure unless reasonablymade or incurred.made or incurred.made or incurred.Rule ARule ARule AThere is a general average act when, and onlywhen, any extraordinary sacrifice orexpenditure is intentionally and reasonablymade or incurred for the common safety forthe purpose of preserving from peril theproperty involved in a common maritimeadventure.1. There is a general average act when, andonly when, any extraordinary sacrifice orexpenditure is intentionally and reasonablymade or incurred for the common safety forthe purpose of preserving from peril theproperty involved in a common maritimeadventure.1. There is a general average act when, andonly when, any extraordinary sacrifice orexpenditure is intentionally and reasonablymade or incurred for the common safety forthe purpose of preserving from peril theproperty involved in a common maritimeadventure.General average sacrifices and expenditures 2. Generalaveragesacrificesand 2. General average sacrifices andshall be borne by the different contributing expenditures shall be borne by the different expenditures shall be borne by the different-1-
York-Antwerp Rules 2016YORK-ANTWERP RULES 1994YORK-ANTWERP RULES 2016YORK-ANTWERP RULES 2004interests on the basis hereinafter provided.contributing interests on the basis hereinafter contributing interests on the basis hereinafterprovided.provided.Rule BRule BRule BThere is a common maritime adventure whenone or more vessels are towing or pushinganother vessel or vessels, provided that theyare all involved in commercial activities andnot in a salvage operation.1. There is a common maritime adventurewhen one or more vessels are towing orpushing another vessel or vessels, providedthat they are all involved in commercialactivities and not in a salvage operation.1. There is a common maritime adventurewhen one or more vessels are towing orpushing another vessel or vessels, providedthat they are all involved in commercialactivities and not in a salvage operation.When measures are taken to preserve the When measures are taken to preserve the When measures are taken to preserve thevessels and their cargoes, if any, from a vessels and their cargoes, if any, from a vessels and their cargoes, if any, from acommon peril, these Rules shall apply.common peril, these Rules shall apply.common peril, these Rules shall apply.A vessel is not in common peril with anothervessel or vessels if by simply disconnectingfrom the other vessel or vessels she is insafety; but if the disconnection is itself ageneral average act the common maritimeadventure continues.2. If the vessels are in common peril and oneis disconnected either to increase thedisconnecting vessel’s safety alone, or thesafety of all vessels in the common maritimeadventure, the disconnection will be a generalaverage act.3. Where vessels involved in a commonmaritime adventure resort to a port or placeof refuge, allowances under these Rules maybe made in relation to each of the vessels.Subject to the provisions of paragraphs 3 and4 of Rule G, allowances in general averageshall cease at the time that the common-2-2. A vessel is not in common peril withanother vessel or vessels if by simplydisconnecting from the other vessel or vesselsshe is in safety; but if the disconnection isitself a general average act the commonmaritime adventure continues.
York-Antwerp Rules 2016YORK-ANTWERP RULES 1994YORK-ANTWERP RULES 2016YORK-ANTWERP RULES 2004maritime adventure comes to an end.Rule CRule CRule COnly such losses, damages or expenseswhich are the direct consequence of thegeneral average act shall be allowed asgeneral average.1. Only such losses, damages or expenseswhich are the direct consequence of thegeneral average act shall be allowed asgeneral average.1. Only such losses, damages or expenseswhich are the direct consequence of thegeneral average act shall be allowed asgeneral average.In no case shall there be any allowance ingeneral average for losses, damages orexpenses incurred in respect of damage to theenvironment or in consequence of the escapeor release of pollutant substances from theproperty involved in the common maritimeadventure.2. In no case shall there be any allowance ingeneral average for losses, damages orexpenses incurred in respect of damage to theenvironment or in consequence of the escapeor release of pollutant substances from theproperty involved in the common maritimeadventure.2. In no case shall there be any allowance ingeneral average for losses, damages orexpenses incurred in respect of damage to theenvironment or in consequence of the escapeor release of pollutant substances from theproperty involved in the common maritimeadventure.Demurrage, loss of market, and any loss ordamage sustained or expense incurred byreason of delay, whether on the voyage orsubsequently, and any indirect losswhatsoever, shall not be admitted as generalaverage.3. Demurrage, loss of market, and any lossor damage sustained or expense incurred byreason of delay, whether on the voyage orsubsequently, and any indirect losswhatsoever, shall not be allowed as generalaverage.3. Demurrage, loss of market, and any loss ordamage sustained or expense incurred byreason of delay, whether on the voyage orsubsequently, and any indirect losswhatsoever, shall not be allowed as generalaverage.Rule DRule DRule DRights to contribution in general averageshall not be affected, though the event whichgave rise to the sacrifice or expenditure mayhave been due to the fault of one of theRights to contribution in general averageshall not be affected, though the event whichgave rise to the sacrifice or expenditure mayhave been due to the fault of one of theRights to contribution in general averageshall not be affected, though the event whichgave rise to the sacrifice or expenditure mayhave been due to the fault of one of the-3-
York-Antwerp Rules 2016YORK-ANTWERP RULES 1994YORK-ANTWERP RULES 2016YORK-ANTWERP RULES 2004parties to the adventure, but this shall notprejudice any remedies or defences whichmay be open against or to that party inrespect of such fault.parties to the common maritime adventure,but this shall not prejudice any remedies ordefences which may be open against or tothat party in respect of such fault.parties to the adventure, but this shall notprejudice any remedies or defences whichmay be open against or to that party inrespect of such fault.Rule ERule ERule EThe onus of proof is upon the party claimingin general average to show that the loss orexpense claimed is properly allowable asgeneral average.1. The onus of proof is upon the partyclaiming in general average to show that theloss or expense claimed is properly allowableas general average.1. The onus of proof is upon the partyclaiming in general average to show that theloss or expense claimed is properly allowableas general average.All parties claiming in general average shallgive notice in writing to the average adjusterof the loss or expense in respect of whichthey claim contribution within 12 months ofthe date of the termination of the commonmaritime adventure.2. All parties to the common maritimeadventure shall, as soon as possible, supplyparticulars of value in respect of theircontributory interest and, if claiming ingeneral average, shall give notice in writingto the average adjuster of the loss or expensein respect of which they claim contribution,and supply evidence in support thereof.2. All parties claiming in general averageshall give notice in writing to the averageadjuster of the loss or expense in respect ofwhich they claim contribution within 12months of the date of the termination of thecommon maritime adventure.Failing such notification, or if within 12months of a request for the same any of theparties shall fail to supply evidence in supportof a notified claim, or particulars of value inrespect of a contributory interest, the averageadjuster shall be at liberty to estimate theextent of the allowance or the contributoryvalue on the basis of the informationavailable to him, which estimate may be3. Failing notification, or if any party doesnot supply particulars in support of a notifiedclaim within 12 months of the termination ofthe common maritime adventure or paymentof the expense, the average adjuster shall beat liberty to estimate the extent of theallowance on the basis of the informationavailable to the adjuster. Particulars of valueshall be provided within 12 months of the-4-3. Failing such notification, or if within 12months of a request for the same any of theparties shall fail to supply evidence in supportof a notified claim, or particulars of value inrespect of a contributory interest, the averageadjuster shall be at liberty to estimate theextent of the allowance or the contributoryvalue on the basis of the informationavailable to him, which estimate may be
York-Antwerp Rules 2016YORK-ANTWERP RULES 1994YORK-ANTWERP RULES 2016YORK-ANTWERP RULES 2004challenged only on the ground that it is termination of the common maritime challenged only on the ground that it ismanifestly incorrect.adventure, failing which the average adjuster manifestly incorrect.shall be at liberty to estimate the contributoryvalue on the same basis. Such estimates shallbe communicated to the party in question inwriting. Estimates may only be challengedwithin two months of receipt of thecommunication and only on the grounds thatthey are manifestly incorrect.4. Any party to the common maritimeadventure pursuing a recovery from a thirdparty in respect of sacrifice or expenditureclaimed in general average, shall so advisethe average adjuster and, in the event that arecovery is achieved, shall supply to theaverage adjuster full particulars of therecovery within two months of receipt of therecovery.Rule FRule FRule FAny additional expense incurred in place ofanother expense which would have beenallowable as general average shall be deemedto be general average and so allowed withoutregard to the saving, if any, to other interests,but only up to the amount of the generalaverage expenses avoided.Any additional expense incurred in place ofanother expense which would have beenallowable as general average shall be deemedto be general average and so allowed withoutregard to the saving, if any, to other interests,but only up to the amount of the generalaverage expense avoided.Any additional expense incurred in place ofanother expense, which would have beenallowable as general average shall be deemedto be general average and so allowed withoutregard to the saving, if any, to other interests,but only up to the amount of the generalaverage expense avoided.-5-
York-Antwerp Rules 2016YORK-ANTWERP RULES 1994YORK-ANTWERP RULES 2016YORK-ANTWERP RULES 2004Rule GRule GRule GGeneral average shall be adjusted as regardsboth loss and contribution upon the basis ofvalues at the time and place when and wherethe adventure ends.1. General average shall be adjusted asregards both loss and contribution upon thebasis of values at the time and place whenand where the common maritime adventureends.1. General average shall be adjusted asregards both loss and contribution upon thebasis of values at the time and place whenand where the adventure ends.This rule shall not affect the determination of 2. This rule shall not affect the determination 2. This rule shall not affect the determinationthe place at which the average statement is to of the place at which the average adjustment of the place at which the average statement isbe made up.is to be prepared.to be made up.When a ship is at any port or place incircumstances which would give rise to anallowance in general average under theprovisions of Rules X and XI, and the cargoor part thereof is forwarded to destination byother means, rights and liabilities in generalaverage shall, subject to cargo interests beingnotified if practicable, remain as nearly aspossible the same as they would have been inthe absence of such forwarding, as if theadventure had continued in the original shipfor so long as justifiable under the contract ofaffreightment and the applicable law.3. When a ship is at any port or place incircumstances which would give rise to anallowance in general average under theprovisions of Rules X and XI, and the cargoor part thereof is forwarded to destination byother means, rights and liabilities in generalaverage shall, subject to cargo interests beingnotified if practicable, remain as nearly aspossible the same as they would have been inthe absence of such forwarding, as if thecommon maritime adventure had continuedin the original ship for so long as justifiableunder the contract of carriage and theapplicable law.3. When a ship is at any port or place incircumstances which would give rise to anallowance in general average under theprovisions of Rules X and XI, and the cargoor part thereof is forwarded to destination byother means, rights and liabilities in generalaverage shall, subject to cargo interests beingnotified if practicable, remain as nearly aspossible the same as they would have been inthe absence of such forwarding, as if theadventure had continued in the original shipfor so long as justifiable under the contract ofaffreightment and the applicable law.The proportion attaching to cargo of the 4. The proportion attaching to cargo of the 4. The proportion attaching to cargo of theallowances made in general average by allowances made in general average by allowances made in general average by-6-
York-Antwerp Rules 2016YORK-ANTWERP RULES 1994YORK-ANTWERP RULES 2016YORK-ANTWERP RULES 2004reason of applying the third paragraph of thisRule shall not exceed the cost which wouldhave been borne by the owners of cargo if thecargo had been forwarded at their expense.reason of applying the third paragraph of thisRule shall be limited to the cost which wouldhave been borne by the owners of cargo if thecargo had been forwarded at their expense.This limit shall not apply to any allowancesmade under Rule F.reason of applying the third paragraph of thisRule shall not exceed the cost which wouldhave been borne by the owners of cargo if thecargo had been forwarded at their expense.Rule I – Jettison of CargoRule I – Jettison of CargoRule I – Jettison of CargoNo jettison of cargo shall be made good asgeneral average, unless such cargo is carriedin accordance with the recognised custom ofthe trade.No jettison of cargo shall be allowed asgeneral average, unless such cargo is carriedin accordance with the recognised custom ofthe trade.No jettison of cargo shall be allowed asgeneral average, unless such cargo is carriedin accordance with the recognised custom ofthe trade.Rule II – Loss or Damage by Sacrifices for Rule II – Loss or Damage by Sacrifices for Rule II – Loss or Damage by Sacrifices forthe Common Safetythe Common Safetythe Common SafetyLoss of or damage to the property involved inthe common maritime adventure by or inconsequence of a sacrifice made for thecommon safety, and by water which goesdown a ship’s hatches opened or otheropening made for the purpose of making ajettison for the common safety, shall be madegood as general average.Rule III – ExtinguishingShipboardFireLoss of or damage to the property involved inthe common maritime adventure by or inconsequence of a sacrifice made for thecommon safety, and by water which goesdown a ship’s hatches opened or otheropening made for the purpose of making ajettison for the common safety, shall beallowed as general average.on Rule III – ExtinguishingShipboardFireLoss of or damage to the property involved inthe common maritime adventure by or inconsequence of a sacrifice made for thecommon safety, and by water which goesdown a ship’s hatches opened or otheropening made for the purpose of making ajettison for the common safety, shall beallowed as general average.on Rule III – ExtinguishingShipboardFireonDamage done to a ship and cargo, or either of Damage done to a ship and cargo, or either of Damage done to a ship and cargo, or either of-7-
York-Antwerp Rules 2016YORK-ANTWERP RULES 1994YORK-ANTWERP RULES 2016YORK-ANTWERP RULES 2004them, by water or otherwise, includingdamage by beaching or scuttling a burningship, in extinguishing a fire on board the ship,shall be made good as general average;except that no compensation shall be madefor damage by smoke however caused or byheat of the fire.them, by water or otherwise, includingdamage by beaching or scuttling a burningship, in extinguishing a fire on board the ship,shall be allowed as general average; exceptthat no allowance shall be made for damageby smoke however caused or by heat of thefire.them, by water or otherwise, includingdamage by beaching or scuttling a burningship, in extinguishing a fire on board the ship,shall be allowed as general average; exceptthat no allowance shall be made for damageby smoke however caused or by heat of thefire.Rule IV – Cutting Away WreckRule IV – Cutting Away WreckRule IV – Cutting Away WreckLoss or damage sustained by cutting awaywreck or parts of the ship which have beenpreviously carried away or are effectively lostby accident shall not be made good asgeneral average.Loss or damage sustained by cutting awaywreck or parts of the ship which have beenpreviously carried away or are effectively lostby accident shall not be allowed as generalaverage.Loss or damage sustained by cutting awaywreck or parts of the ship which have beenpreviously carried away or are effectively lostby accident shall not be allowed as generalaverage.Rule V – Voluntary StrandingRule V – Voluntary StrandingRule V – Voluntary StrandingWhen a ship is intentionally run on shore forthe common safety, whether or not she mighthave been driven on shore, the consequentloss or damage to the property involved in thecommon maritime adventure shall be allowedin general average.When a ship is intentionally run on shore forthe common safety, whether or not she mighthave been driven on shore, the consequentloss or damage to the property involved in thecommon maritime adventure shall be allowedin general average.When a ship is intentionally run on shore forthe common safety, whether or not she mighthave been driven on shore, the consequentloss or damage to the property involved in thecommon maritime adventure shall be allowedin general average.Rule VI – Salvage RemunerationRule VI – Salvage RemunerationRule VI – Salvage Remuneration(a) Expenditure incurred by the parties to the (a) Expenditure incurred by the parties to the a. Salvage payments, including interestadventure in the nature of salvage, whether common maritime adventure in the nature of thereon and legal fees associated with suchunder contract or otherwise, shall be allowed salvage, whether under contract or otherwise, payments, shall lie where they fall and shall-8-
York-Antwerp Rules 2016 -4-YORK-ANTWERP RULES 1994 YORK-ANTWERP RULES 2016 YORK-ANTWERP RULES 2004 parties to the adventure, but this shall not prejudice any remedies or defences which may be open against or to that party in
York-Antwerp Rules 2016 -3-York-Antwerp Rules 1994 York-Antwerp Rules 2016 York-Antwerp Rules 2004 the time that the common maritime adventure comes to an end. RULE C RULE C RULE C Only such losses, damages or expenses which are the direct consequence of the general average act shall be allowed as general average. 1.
THE YORK-ANTWERP RULES 2004 The Comité Maritime International at its conference held in Vancouver 31 May-4 June 2004 has completed a revision of the York-Antwerp Rules 1994 and approved a new text to be referred to as York-Antwerp Rules 2004. These new rules are set out below. The CMI has published a printed version of the new rules.
York-Antwerp Rules 1994 York-Antwerp Rules 2016 York-Antwerp Rules 2004 of such notified claim thereof. Failing such notification, or if within 12 months of a request for the same any of the parties shall fail to supply evidence in support of a notified claim, or particulars of value in respect of a contributory interest, the average
to carry out a general review of the York- Antwerp Rules and to draft a new set of Rules to meet the requirements of ship and cargo owners and their respective insurers; RESOLVES THAT the new set of Rules as tabled be approved and referred to hereafter as the York-Antwerp Rules 2016.
YORK-ANTWERP RULES 1994 YORK ANTWERP RULES 2016- ANTWERP RULES 2004 Page 7 . RULE X: EXPENSES AT PORT OF REFUGE, ETC. RULE X: EXPENSES AT PORT OF REFUGE, ETC. RULE X: EXPENSES AT PORT OF REFUGE, ETC. The cost of handling on board or discharging cargo, fuel or stores shall not be admissible as general average when incurred solely for the .
The resolutions were added to and became the York Rules in 1864 and the York-Antwerp Rules in 1877, a name which has stuck regardless of the venue of conferences leading to revisions of the Rules. What started out as 11 rules had grown to two general rules, seven lettered rules and 22 numbered rules by 2004.
1994/2004 Rules Under pressure from IUMI, the 2004 Rules were approved by the CMI Assembly against the wishes of shipowning interests. Minimal take-up of 2004 Rules. CMI Conference Beijing 2012 a new IWG was set up to “carry out a general review of the York-Antwerp Rules and to draft a new set of Rules to
López Austin, Alfredo, “El núcleo duro, la cosmovisión y la tradición mesoamericana”, en . Cosmovisión, ritual e identidad de los pueblos indígenas de México, Johanna Broda y Féliz Báez-Jorge (coords.), México, Consejo Nacional para la Cultura y las Artes y Fondo de Cultura Económica, 2001, p. 47-65. López Austin, Alfredo, Breve historia de la tradición religiosa mesoamericana .
