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MEO CLASS 1 · ORAL QUESTION 15

What are York- Antwerp Rules?

Answer

The YA rules are a set of internationally recognized guidelines and principles that governs the calculation and apportionment of General Average. Developed by  Comité Maritime International (CMI), latest version in YA Rules, 2016.

Although these rules are not legally binding themselves, they are widely accepted and incorporated into maritime contracts, Insurance Policies and International Policies. There are Lettered rules from A to G and Numbered rules from 1 to 23.

Structure of the York-Antwerp Rules

The rules are structured into three distinct tiers:

  1. Rule Paramount: Overrides all other provisions. It dictates that no sacrifice or expenditure shall be allowed as General Average unless it was reasonably made or incurred.

  2. Lettered Rules (Rules A to G): Set out the overarching general principles of General Average.

    • Rule A: Defines a General Average act.

    • Rule C: Restricts allowances to direct consequences only; explicitly excludes environmental damage, pollution fines, demurrage, or loss of market due to delay.

    • Rule D: States that rights to contribution remain intact even if the event was caused by the fault of one party (subject to legal defenses/remedies available against that party).

  3. Numbered Rules (Rules I to XXIII): Deal with specific practical scenarios and override the lettered rules if there is a conflict. Examples include:

    • Rule I (Jettison of Cargo): Jettisoning cargo is allowed only if carried in accordance with recognized trade customs.

    • Rule II (Fire Suppression Damage): Damage caused to cargo/ship by water or fire-extinguishing efforts is allowed.

    • Rule V (Voluntary Stranding): Intentionally grounding a vessel for common safety is allowable.

    • Rule X & XI (Port of Refuge Expenses): Expenses incurred when entering a port of refuge (towage, port charges, crew wages/fuel while detained) are allowable.