Maritime law. Ensuring payments and loss distribution of general average

Maritime law. Ensuring payments and loss distribution of general average

Declaration of general average is not sufficient grounds for the recognition of such a disaster scene and allocation of loss between the vessel, cargo and freight in proportion to their value. Rule sets as E (York-Antwerp Rules): the party claiming in general average, the burden of proof that the relevant losses or costs do need to be admitted as general average.

The originator is a person – declaring general average, as a rule, the shipowner.

Timely receipt of the injured party for damages depends on how the payments will be provided to the general average.Ensuring payments are made ??before the relevant documents will be drawn up on the basis of which the parties can prove the size of incurred losses.
about ensuring redress lies with the victim.
development – the amount of money, securities, property, which is a guarantee of the obligations ( payment of interest in the regulation of the general average). In case of default, the secured creditor becomes the property.

Responsibilities of the parties involved in shipping companies to provide proper support and make an emergency payment, dictated by the rules of Bill of Lading.

In the field of merchant shipping, the following types of collateral – average bond, average payment, deposit, bank guarantee, an insurance company, warranty & I Clubs.

Thus, prior to the recognition of an emergency incident as general average, the distribution of losses, determine the proportions of the parties, subject to payment, average adjustment, the party that has declared general average, has the right to demand additional control. As a rule, the sea carrier (ship owner) holds issuance (transfer) of goods to the owner to obtain the necessary security clearance, and supporting documents.
As noted above, the general average spread between the ship, cargo and freight in proportion to their value. Distribution losses handled by a special person – the average adjuster (from the Italian dispassiare – untie.)
average adjuster determines the proportion and distribution of expenditures for general average, which will be borne by the owner of the vessel, cargo owner and the person who pays for freight and distribution costs proportion of general average, who will be owner of the vessel, cargo owner and the person who pays the freight. Average adjuster also verifies the general average.

At the end of the consideration of an emergency incident and recognition of general average, average adjuster is the calculation of total failure – the average statement. Average statement contains a detailed account of general average and its distribution between the parties offshore, ie it is a document which evidences a general average, and distribution losses of general average, indicating the shares of each of the parties involved in shipping traffic.

Average adjustment shall be made in an amount according to the number of the parties, taking into account that one copy should be left in the affairs of average adjuster. Entered into force on average statement is not disputed by interested parties or contested, but the court left in place, with the presence of a notary writ of execution shall be made parties to the general average voluntarily, according to its commitments on previously issued alert subscriptions.

Fail to fulfill this obligation, average statement is to be executed by force, or the amount of shares to be a contribution to the fund of general average is covered by collateral obtained earlier.