York Antwerp Rules

N; Geoffrey Hudson; M; A; and Michael D; Harvey

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CHAPTER 12 Rule G

1. General average shall be adjusted as regards both loss and contribution upon the basis of values at the time and place when and where the adventure ends.
2. This rule shall not affect the determination of the place at which the average statement is to be made up.
3. When a ship is at any port or place in circumstances which would give rise to an allowance in general average under the provisions of Rules X and XI, and the cargo or part thereof is forwarded to destination by other means, rights and liabilities in general average shall, subject to cargo interests being notified if practicable, remain as nearly as possible the same as they would have been in the absence of such forwarding, as if the adventure had continued in the original ship for so long as justifiable under the contract of affreightment and the applicable law.
4. The proportion attaching to cargo of the allowances made in general average by reason of applying the third paragraph of this Rule shall not exceed the cost which would have been borne by the owners of cargo if the cargo had been forwarded at their expense. This limit shall not apply to any allowances made under Rule F.

Evolution

12.01 When introduced in 1924, Rule G comprised only the first two paragraphs set out above. The second two paragraphs (the “Non-Separation Clauses”) were added in 1994. 12.02 The first sub-rule reflects in part the important step towards uniformity taken, first, by the adoption of Resolution No. 9 at the 1860 Glasgow Conference and confirmed in Rule X of the York Rules 1864 (subsequently renumbered as Rule XVII in 1890), the opening words of which provided that “contribution to a general average shall be made upon the actual values of the property at the termination of the adventure”.1 12.03 English law is similar as to the place of adjustment, meaning by that expression the place at which account is taken of the parties’ rights and liabilities in general average. In Simonds v. White,2 Abbott C.J. said:

The shipper of goods tacitly, if not expressly, assents to general average as a known maritime usage, which may, according to the events of the voyage, be either beneficial or disadvantageous to him. And by assenting to general average he must be understood to assent also to its

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adjustment at the usual and proper place; and to all this it seems to us to be only an obvious consequence to add that he must be understood to consent also to its adjustment according to the usage and law of the place at which the adjustment is to be made.

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