Written from the perspective of the Average Adjuster, and updated to include a detailed analysis of the new rules adopted in 2016, this book is an essential read for practitioners in maritime law and marine insurance.
The book contains:
- historical references regarding the establishment of General Average from Roman Law onwards;
- details of the establishment of International rules to achieve uniformity in the adjustment of General Average and their development:
- the Glasgow Resolutions of 1860;
- the York rules of 1864; and
- the York-Antwerp Rules 1877, 1890, 1924, 1950, 1974, 1994, 2004 and 2016;
- a detailed analysis of the York-Antwerp Rules 2016;
- CMI Guidelines relating to General Average;
- general average security;
- general average absorption clauses; and
- new to this edition: insurance of average disbursements.
Table of Contents
Foreword by Michael Harvey About the authors Preface to the fourth edition Glossary Bibliography Table of cases Table of materials Part I Background 1 General Average – Ancient and Modern 2 The York-Antwerp Rules – A Vehicle for Uniformity Part II The 2016 Rules 3 Introduction to the York-Antwerp Rules 2016 4 Rule of Interpretation 5 Rule Paramount 6 Rule A 7 Rule B 8 Rule C 9 Rule D 10 Rule E 11 Rule F 12 Rule G 13 Rule I: Jettison of Cargo 14 Rule II: Loss or Damage by Sacrifices for the Common Safety 15 Rule III: Extinguishing Fire on Shipboard 16 Rule IV: Cutting Away Wreck 17 Rule V: Voluntary Stranding 18 Rule VI: Salvage 19 Rule VII: Damage to Machinery and Boilers 20 Rule VIII: Expenses Lightening a Ship when Ashore, and Consequent Damage 21 Rule IX: Cargo, Ship’s Materials and Stores Used For Fuel 22 Rule XX Expenses at Port of Refuge, Etc. 23 Rule XI: Wages and Maintenance of Crew and Other Expenses Bearing Up For and in a Port of Refuge, Etc. 24 Rule XII: Damage to Cargo in Discharging, Etc. 25 Rule XIII: Deductions from Cost of Repairs 26 Rule XIV: Temporary Repairs 27 Rule XV: Loss of Freight 28 Rule XVI: Amount to be Made Good for Cargo Lost or Damaged by Sacrifice 29 Rule XVII: Contributory Values 30 Rule XVIII Damage to Ship 31 Rule XIX: Undeclared or Wrongfully Declared Cargo 32 Rule XX: Provision of Funds 33 Rule XXI: Interest on Losses Made Good in General Average 34 Rule XXII: Treatment of Cash Deposits 35 Rule XXIII: Time Bar for Contributing to General Average 36 CMI Guidelines Relating to General Average Part III Practical Issues 37 General Average and Salvage Security 38 General Average Absorption Clauses 39 The Insurance of Average Disbursements Part IV Appendices Index
Geoffrey Hudson, M.A. (Oxon) [1925-2015] was a barrister and average adjuster, having been for many years a partner of Ernest Robert Lindley & Sons, one of the leading firms of international average adjusters. He had been both Chairman of the Association of Average Adjusters and President of the International Association of European Average Adjusters (AIDE). He was a Titulary Member of the Comité Maritime International and a Vice-President of the British Maritime Law Association, having served as Chairman of its Executive Committee and Convenor of its General Average Committee. He contributed to several publications including Lloyd’s Maritime and Commercial Law Quarterly. He was the author of Insurance of Average Disbursements, now incorporated in Marine Insurance Clauses (Fifth Edition) of which he was co-author§.
Michael Harvey is an average adjuster, having been a partner of Wm. Elmslie & Son and subsequently a director of INDECS Limited and currently Harvey Ashby Limited. He is a Fellow of the Association of Average Adjusters and served as Chairman in 2004/5. He is also a member of Association Mondiale de Dispacheurs and served as its President in 2013/15. He served on the London insurance market committee that devised and revised the International Hull Clauses in 2002 and 2003. He has addressed the International Marine Claims Conference on several occasions and chaired the sub-committee that formulated the IMCC Claims Handling Guidelines of 2009. He was also a member of the CMI International Working Group that was responsible for formulating the York-Antwerp Rules 2016.
'...thanks to its systematic and practical approach, [this book] is and remains an essential read for practitioners in maritime law and marine insurance.'
Peter Laurijssen, The Journal of International Maritime Law