York-Antwerp Rules

The York-Antwerp Rules are not a treaty but a private rule set, adopted by incorporation into the bill of lading or the charterparty, which states what falls within general average and how the expense is shared. They separate lettered rules, which set out principles, from numbered rules, which deal with concrete cases such as jettison, voluntary stranding, port of refuge expenses and cash advances. The apportionment is made pro rata to contributory values fixed at the port of destination, a task carried out by an average adjuster, and each interest must post security before its goods are released. The successive versions, from 1974 to 2016, mainly arbitrated the treatment of salvage remuneration, port of refuge costs and interest, the 2016 text having been drafted to win back the cargo underwriters who had shunned the 2004 version. The problem solved is that of a deliberate sacrifice made for the common safety, which it would be unfair to leave on the single interest sacrificed, and which national law alone could not apportion across a carriage that crosses several jurisdictions.

The car carrier Höegh Osaka, deliberately grounded on Bramble Bank in the Solent on January 3, 2015 to avoid capsizing, was carrying 1,400 vehicles: the voluntary stranding decided for the common safety and the refloating costs entered general average under the York-Antwerp Rules, and every vehicle owner had to post security before release.

York-Anvers, YAR 2016