York-Antwerp Rules

(York-Antwerp Rules of General Average, Y.A.R.), a collection of navigational rules generally accepted in international commerce that regulate the allocation between shipowners and cargo owners of losses incurred by either of them as a result of expenses and sacrifices intentionally made during transport to save the ship and cargo from any common danger; the losses are allocated in proportion to the value of the ship and cargo.

The York-Antwerp Rules were drawn up in 1864 in the city of York (Great Britain) by an international conference of representatives of the chambers of commerce, shipowners and cargo owners, and insurance companies of a number of countries engaged in maritime commerce; in 1877 a conference in Antwerp made substantial amendments in the rules.

The present version of the York-Antwerp Rules, which was adopted at the conference of the International Maritime Committee in Amsterdam in 1950, is in wide use. Although the rules have neither the power of law nor of an international agreement, their application in each single case being based on agreement between the shipowner and the cargo owner, the majority of the standard forms of freight charters and bills of lading, including those used by Soviet shipping, provide for use of the rules.

The York-Antwerp Rules are subdivided into “lettered” rules (from A to G) and “numbered” rules (from I to XXII). The numbered rules cover specific incidents of general average (the allocation of losses from jettisoning part of the cargo to save the ship and the remaining cargo, from extinguishing fires on board, and the like), as well as determination of the amount of certain kinds of losses and the value of the salvaged property. The lettered rules contain the definition of the general average (rule A) and a number of other general provisions.

The York-Antwerp Rules significantly influenced the legisla-tion concerning general average in many states; with some sharp-ening of definitions and some changes, they are reproduced in theMaritime Code of the USSR.

York-Antwerp rules

York-Antwerp Rules

A group of directives relating to uniform bills of lading and governing the settlement of maritime losses among the several interests, including ship and cargo owners.

Maritime law includes international agreements, national laws on shipping, and private agreements voluntarily adhered to by the parties involved in shipping contracts. The York-Antwerp Rules of General Average are the best known example of such private agreements, as they establish the rights and obligations of the parties when cargo must be jettisoned from a ship.

Under the law of general average, if cargo is jettisoned in a successful effort to refloat a grounded vessel, the owners of the vessel and the cargo saved are required to absorb a proportionate share of the loss, in order to compensate the owner of the cargo that has been singled out for sacrifice. All participants in the maritime venture contribute to offset the losses incurred. The law of general average became an early form of marine insurance.

The York-Antwerp Rules were first promulgated in 1890 and have been amended several times, most recently in 1994. They are the result of conferences of representatives of mercantile interests from many countries. The rules provide uniform guidelines on the law of general average that are included in private shipping agreements and depend upon their voluntary acceptance by the maritime community. These international rules ensure uniformity and determine the rights and obligations of the parties.

The rules are incorporated by reference into most bills of lading (documents given by a shipping company that list the goods accepted for transport and sometimes list the terms of the shipping agreement), contracts of affreightment (a contract with a ship owner to hire the ship, or part of it, for the carriage of goods), and marine insurance policies.

The York-Antwerp Rules attempt to cover many types of expenses associated with an imperiled ship. For example, the rules provide for recovery by the ship owner of the costs of repair, loading and unloading cargo, and maintaining the crew, if these expenses are necessary for the safe completion of the voyage. Claims are generally made against the insurer of the cargo and the ship owner's insurance underwriters.

Cross-references

Admiralty and Maritime Law; Shipping Law.

York-Antwerp rules

voluntary rules implementing, for those who choose to accept them, a common regime in respect of GENERAL AVERAGE. The names derive from the first two international conferences which settled the rules - York in 1864 and Antwerp in 1877. The most recent edition was prepared in 2004.

单词	york-antwerp rules
释义	DictionarySeegeneral average York-Antwerp Rules York-Antwerp Rules (York-Antwerp Rules of General Average, Y.A.R.), a collection of navigational rules generally accepted in international commerce that regulate the allocation between shipowners and cargo owners of losses incurred by either of them as a result of expenses and sacrifices intentionally made during transport to save the ship and cargo from any common danger; the losses are allocated in proportion to the value of the ship and cargo. The York-Antwerp Rules were drawn up in 1864 in the city of York (Great Britain) by an international conference of representatives of the chambers of commerce, shipowners and cargo owners, and insurance companies of a number of countries engaged in maritime commerce; in 1877 a conference in Antwerp made substantial amendments in the rules. The present version of the York-Antwerp Rules, which was adopted at the conference of the International Maritime Committee in Amsterdam in 1950, is in wide use. Although the rules have neither the power of law nor of an international agreement, their application in each single case being based on agreement between the shipowner and the cargo owner, the majority of the standard forms of freight charters and bills of lading, including those used by Soviet shipping, provide for use of the rules. The York-Antwerp Rules are subdivided into “lettered” rules (from A to G) and “numbered” rules (from I to XXII). The numbered rules cover specific incidents of general average (the allocation of losses from jettisoning part of the cargo to save the ship and the remaining cargo, from extinguishing fires on board, and the like), as well as determination of the amount of certain kinds of losses and the value of the salvaged property. The lettered rules contain the definition of the general average (rule A) and a number of other general provisions. The York-Antwerp Rules significantly influenced the legisla-tion concerning general average in many states; with some sharp-ening of definitions and some changes, they are reproduced in theMaritime Code of the USSR. York-Antwerp rules York-Antwerp Rules A group of directives relating to uniform bills of lading and governing the settlement of maritime losses among the several interests, including ship and cargo owners. Maritime law includes international agreements, national laws on shipping, and private agreements voluntarily adhered to by the parties involved in shipping contracts. The York-Antwerp Rules of General Average are the best known example of such private agreements, as they establish the rights and obligations of the parties when cargo must be jettisoned from a ship. Under the law of general average, if cargo is jettisoned in a successful effort to refloat a grounded vessel, the owners of the vessel and the cargo saved are required to absorb a proportionate share of the loss, in order to compensate the owner of the cargo that has been singled out for sacrifice. All participants in the maritime venture contribute to offset the losses incurred. The law of general average became an early form of marine insurance. The York-Antwerp Rules were first promulgated in 1890 and have been amended several times, most recently in 1994. They are the result of conferences of representatives of mercantile interests from many countries. The rules provide uniform guidelines on the law of general average that are included in private shipping agreements and depend upon their voluntary acceptance by the maritime community. These international rules ensure uniformity and determine the rights and obligations of the parties. The rules are incorporated by reference into most bills of lading (documents given by a shipping company that list the goods accepted for transport and sometimes list the terms of the shipping agreement), contracts of affreightment (a contract with a ship owner to hire the ship, or part of it, for the carriage of goods), and marine insurance policies. The York-Antwerp Rules attempt to cover many types of expenses associated with an imperiled ship. For example, the rules provide for recovery by the ship owner of the costs of repair, loading and unloading cargo, and maintaining the crew, if these expenses are necessary for the safe completion of the voyage. Claims are generally made against the insurer of the cargo and the ship owner's insurance underwriters. Further readings Donaldson, Sir John. 1975. The Law of General Average and the York-Antwerp Rules. 10th ed. London: Stevens. Fernandez, Charles and Anthony. 1999. "Interpreting the Rule of Interpretation in the York-Antwerp Rules." Journal of Maritime Law and Commerce 30 (July). Cross-references Admiralty and Maritime Law; Shipping Law. York-Antwerp rules voluntary rules implementing, for those who choose to accept them, a common regime in respect of GENERAL AVERAGE. The names derive from the first two international conferences which settled the rules - York in 1864 and Antwerp in 1877. The most recent edition was prepared in 2004. FinancialSeeGeneral Average
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York-Antwerp Rules

York-Antwerp Rules

York-Antwerp rules

York-Antwerp Rules

Further readings

Cross-references

York-Antwerp rules