Maritime law. York-Antwerp Rules 1994

Maritime law. York-Antwerp Rules 1994

Interpretative rules.

General average shall be made on the following digital lettering and rules, with the exception of the application of any law or practice that is in conflict with them.

Except as provided in Rule Paramount and digital rules, general average shall be distributed according to the lettered Rules.

RULE Paramount.

General average only accepted donations or expenses reasonably incurred or suffered.

Rule A.

General average is only recognized the act when, and only when they were made intentionally and reasonably extraordinary sacrifice or expenditure for general rescue for protection from peril the property involved in the common maritime adventure.

Donations and expenses are recognized as general average, to be shared between the various interests involved in the required on the grounds.

RULE V.

Under general maritime enterprise means an undertaking, one or more vessels towing or pushing another vessel or vessels, provided that they are all involved in the business, and not in the rescue operation.

When measures are taken to preserve the vessels and their cargoes, if any, of the total risk, we must act in these rules.

The ship is not in common peril with another vessel or vessels if by simply disconnecting from another vessel or vessels, it would be safe, but if that in itself is an act of detachment related to the general average, the total marine plant continues to operate.

RULE AS

Only such losses, damages and expenses are recognized as general average, which are a direct consequence of the general average act.

General average shall not be of damages, losses or expenses incurred in connection with the damage to the environment or leakage or discharge of pollutants from the property involved in the common maritime enterprise.

Demurrage, loss of market, loss and expenses incurred as a result of the delay in the flight, and then, as well as any consequential damages should not be admitted as general average.

Rule D.

The right to general average contribution is not affected, even if the event giving rise to a donation, or expenses caused by the fault of one of the parties in a business, but that does not prejudice the possible recourse against or on behalf of that party in respect of such fault.

Rule E.

On the side of the claimant as general average, the burden of proof that the alleged losses and expenses actually be made good as general average.

All the party claiming in general average, average adjuster shall send a written notice of loss or expense in respect of which they demand compensation for 12 months from the end of the joint maritime enterprise.

If such notice is not sent, or if within 12 months after the departure of a request for such information, any party fails to provide evidence to support the request, or data on the contributory value, the average adjuster will have the right to assess allowable in general average to the contributory value Based on the information available to it, the evaluation of which may be rebutted only if this assessment is obviously wrong.

Rule F.

All additional costs incurred in place of other expenses that would have been recognized as general average, should be treated as general average and allocate independently of avoided costs, if any, to other interests, but only within those e avoid costs that would have been recognized as a common accident.

RULE G.

General average shall be calculated in respect of losses and in respect of general average contribution, based on the value at the time and place the end of the company.

This rule does not affect the determination of the place where the average adjustment should be made.

When the ship is in a port or place in circumstances which allow the general average claim in accordance with the provisions of the Rules X and XI, and the cargo or part sent to the destination by other means, the rights and obligations under the general average should ( provided that the interest on the load have been entered, if it is almost possible to implement) maintained to the maximum extent as if it were not such a shipment, to the chamber if the company continued to be on the original ship for a time, to the extent justified by the terms of the contract about otfrahtovanii and applicable law. Share, payable by cargo in general average according to the position of the third paragraph of this Rule shall not exceed the amount that would make cargo if the cargo was shipped at their expense.

RULE I. Ejecting SHIPPING.

Jettison of cargo shall be compensated in general average only in the case where such goods are carried in accordance with accepted commercial practices.

RULE II. LOSS OR DAMAGE AS A RESULT OF GENERAL DONATIONS FOR RESCUE.

Loss of or damage to property arising during the period of the general maritime enterprise, result or consequence of the donation. produced for the common rescue, or as a result of the penetration of water into the hold through the open hatches or other openings made for the purpose of discharge of cargo for the common rescue refundable general average.

RULE III. Fire fighting on board the ship.

Damage, which in extinguishing a fire on board the ship caused the vessel and cargo, or one of them, by water or otherwise, including damage by stranding or scuttling a burning ship, shall be made good as general average, except for the fact that compensation is not payable for damage smoke and heat caused by the fire.

RULE IV. OBRUBANIE debris.

Loss or damage caused by debris or obrubaniem parts of the ship that were previously demolished or lost in an accident, not be made good as general average. <Rule V. DELIBERATE stranding.

When a vessel deliberately swept ashore for the common safety, regardless of whether it could be taken down in this case to the bank or not, the loss or damage of property common maritime company resulting from such discharge shall be taken as general average.

RULE VI. Salvage.

a. Costs incurred by the parties to the company in connection with the rescue, according to the contract, or otherwise, are in general average, provided that rescue operations were carried out in order to protect against the risk of the property involved in the common maritime adventure.

Costs allowable in general average shall include salvage, taking into account qualifications and rescue action to prevent and reduce harm to the environment, as provided for by Article 13, paragraph 1 (b) of the International Convention on Salvage, 1989

b. Special compensation that is due to the rescuer of the shipowner in accordance with Article 14 of the Convention in the amount specified in paragraph 4 of this Article or in accordance with any other such rules in general average is not acceptable.

RULE VII. Damage to machinery and boilers.

Damages to the machinery and boilers of a vessel aground at risk, in the efforts to remove it from a bank shall be reimbursed in general average, if it is proved that the damage was the result of a real intention to remove the ship afloat for the common safety at the risk of such damage, but if the ship is afloat no loss or damage to the main propulsion unit and boilers, under no circumstances should be made good as the provisions in general average is not acceptable.

RULE VIII. Costs of discharge aground VESSEL AND damages resulting therefrom.

When a ship is aground and order a general average act with him unload the cargo, fuel and marine supplies or any of the above, the additional costs of discharge, employment lighters and reverse loading (if it will take place), and the loss or damage suffered as a result of the property involved in a maritime venture, shall be admitted as general average.

RULE IX. CARGO, VESSEL EQUIPMENT and supplies, burned for fuel.

The cargo ship’s equipment and supplies, or any of them, necessarily burnt for fuel for the common safety in a threatening situation, admitted as general average, but the general average is taken, only the cost of marine equipment and supplies, which shall not exceed the estimated cost fuel that would have been spent if carried out a planned flight.

RULE X. COSTS IN PORT SHELTER etc.

a. If a ship has to go to the port or place of refuge, or return to the port or place of loading by accident, sacrifice or other extraordinary circumstances which make this approach necessary for the common safety, costs reached such port or place shall be admitted as general average; if the ship will come out with its original load or part of it, the costs to get out of the port or place, caused by such entry or return shall also be admitted as general average. If the ship is in a port or place of refuge, and for the need to move to another port or place due to the inability to repair the first port or place, the provisions of this Regulation shall apply to the second port or place, as if it were the first port or place of refuge, and the cost of such a move, including temporary repairs and towing, admitted as general average. Requirements of Regulation XI shall apply to extend the flight caused by such movement.

b. Cost pereukladki on board or discharging cargo, fuel or supplies at the port or place of loading, call or refuge admitted as general average, when pereukladka or discharge was necessary for the common safety or to enable the repair of the ship, if the ship is damaged by sacrifice or accident, if repairs were necessary for continued safe flight, except when the damage to the ship discovered at a port or place of loading or call, provided that during the voyage has been no accident or other extraordinary circumstances connected with such damage.

The costs of congestion or discharging cargo, fuel or stores shall not apply to general average, if they are made exclusively for pereukladki because of displacement that occurred during the voyage, unless such action is necessary for the common safety.

c. In all cases where the cost of handling or discharging cargo, fuel or stores admissible as general average, the costs of storage, including insurance, if it was reasonable at the back loading and stowage of the cargo, fuel or stores shall likewise be admitted as general accident. The provisions of Rule XI shall apply to the additional period of a ship, caused by an overload and pereukladkoy. However, if the vessel is found to be unsuitable for swimming or if it does not continue its original voyage, storage expenses made in general average to date the ship unseaworthy, or waiver of the flight, or the date of completion of discharge of cargo, if recognition of the vessel unseaworthy or failure on the flight took place before that date.

RULE XI. Wages and maintenance crew, and other expenses on proceeding to PORT AND ASYLUM SEEKERS IN PORT, etc.

a. Wages, salaries and maintenance of the master, officers and teams, reasonably incurred during the extension period voyage, which was caused by a ship enters a port or place of refuge, or return to the port or place of loading, as well as fuel and stores consumed during the same period of time, admitted as general average, if you go in the costs of such port or place are recoverable in general average in accordance with Rule X (a).

b. If the ship will go to any port or place and hold it by accident, sacrifice or other extraordinary circumstances that made it necessary for the common safety, or to repair the damage to the ship caused by sacrifice or accident, if repair is required for continued safe flight, the cost of wages and maintenance of the master, officers and teams, reasonably incurred during the additional delay in a port or place until the ship is or ought to be ready to continue the voyage, shall be admitted as general average .

Fuel and stores consumed during the extra period of delay shall also be admitted as general average, except for fuel and stores consumed to produce repairs not allowable in general average.

Port charges incurred during the additional period of delay, also admitted as general average, except for those which have arisen solely due to repairs not allowable in general average.

However, if damage to the ship is discovered at a port or place of loading or call, provided that during the voyage has been no accident or other extraordinary circumstances connected with such damage, the cost of wages and maintenance of the master, officers and team , fuel and stores consumed during the extra period of delay for the needs repairs discovered such damage will not be accepted as general average, even if the repair is necessary for continued safe flight.

If the vessel is found to be unsuitable for swimming or if it does not continue its initial voyage, the wages and maintenance of the master, officers and team and spent fuel and supplies admitted as general average only up to the date the ship unseaworthy, or failure of flight, or the date of completion of discharge of cargo, if recognition of the vessel unseaworthy or rejection of flight took place before that date.

c. For the purposes of this and other rules, salary includes all payments made by the master, those commanders and command, or accrued in their favor, regardless of whether such payments are charged to the owner of the law, or they are made on the basis of an employment contract .

d. Cost of measures taken to prevent or minimize harm to the environment, should be taken as general average, if they are incurred as a result of any or all of the following circumstances:

(I) as a result of transactions to the general security which, if undertaken by a party that is not a member of the general maritime enterprise, this will give the right side to receive remuneration for salvage;

(Ii) as a result of entering or leaving the port or place in the circumstances prescribed in Rule X (a); <(iii) as a result of the need to remain in port or other place in the circumstances prescribed in Rule X (a), provided that if There was an actual leak or discharge of pollutants, the cost of any additional measures necessary to prevent or reduce pollution, should not be treated as general average;

(Iv) required in connection with the unloading, storage and cargo handling in cases where the cost of these operations are accepted as general average.

RULE XII. When overloaded, damaged cargo, etc.

Damage to or loss of cargo, fuel or stores that have occurred as a result of relocation of, unloading, facilities for storage, loading and laying back, recovered in general average if and only if the value of the respective event was a total accident.

Rule XIII. Deductions from the cost of repairs.

In cases where old material or parts are replaced with new, the cost of repair, allowable in general average, do not make deductions for the difference in “new for old” except in cases where the age of the ship is more than 15 years, in which case subtract one-third deduction determined according to the age of the vessel, with effect from 31 December of the year prior to the date of completion of construction of the general statement of the accident, except for the autonomous rescue equipment and boats, equipment and facilities for communication and navigation, machinery and boilers, the residues which are determined in accordance with the age of the parts concerned, to which they apply.

Deductions shall be made only from the cost of new materials or parts thereof, finished and ready to be installed on board the vessel.

Do not make any deductions in respect of provisions, supplies, anchors and anchor chains. Charges on dry dock and slipway and expenses for transferring the vessel included in full.

The costs of cleaning, painting or coating underwater parts of the vessel are not in general average, unless these parts have been painted or covered in the 12 months preceding the date of the accident obshey. In this case, the general average is taken half of it.

RULE XIV. Temporary repairs.

When the port of loading, call or refuge is a temporary repair for the common safety, or to repair damage caused by general average donation, the cost of such repairs allowed in general average.

When the temporary repairs of accidental damage is only to be able to complete the enterprise, the cost of such repairs shall be admitted as general average, regardless of the savings, if any, to other interests (but only to the extent of saved expenses that would have been incurred and reimbursed by the general accident, if the repair was not carried out in this area).

With the cost of temporary repairs, refunds for general average, is not made of discounts for “new for old”.

RULE XV. Loss of hire.

Loss of freight arising from damage or loss of cargo shall be made good as general average, if the loss is caused by a general average act, or if the damage or loss of cargo shall be allowed in general average.

From the amount of gross freight lost deductible expenses that its owner would have to make in order to earn such freight, but has not made as a result of the donation.

RULE XVI. Amounts recoverable from Georgia who lost or damaged data due to donations.

The amount to be made good as general average for damage to or loss of cargo sacrificed, equals the losses suffered as a result, calculated on the basis of the value at the time of discharge, as determined by commercial invoices issued to the recipient or, in the absence of such a texture, the cost of the goods taken on board. Cost at the time of discharge include the cost of insurance and freight, except as such freight is at the risk of cargo.

When cargo so damaged is sold and the amount of damages was not otherwise agreed, the recoverable in general average loss equal to the difference between the net sales proceeds and the net worth intact, calculated in accordance with the provisions of the first paragraph of this Rule.

Rule XVII. Contributory value.

General average contribution in general average are based on the actual value of the net assets at the end of the company, except in cases where the value is equal to the cost of shipping the goods to the time of discharge, as determined by commercial invoices issued to the recipient, or in the absence of an invoice, the cost of the goods taken on board.

The cost of goods includes the cost of insurance and freight, unless the freight is at the risk of interests other than the cargo, with the deduction of the cost of any loss or damage caused by the cargo before or during unloading. Value of the vessel is determined by excluding the positive or negative effect of any demise or time charter, which may be the ship.

These added-values ??Amounts recovered as general average for property sacrificed, if not already included, and, at the risk of the former freight or fare deducted these costs and wages, which would not have to pay for the freight if the ship and goods wholly died in the act of general average, and have not been reimbursed by the general average, value of the property also excludes any additional costs that have been made against him after the general average act, except for those costs reimbursed by general average, or fall the ship on the basis of compensation for compensation for special services, as provided for in Article 14 of the International Convention for the salvage, 1989, or in accordance with other similar positions.

In the circumstances referred to in the third paragraph of Regulation C, general average contribution for the cargo or other property shall be determined on the basis of their value at the time of delivery to the originally specified destination if they have not been sold or otherwise disposed of without reaching their destination, the This general average contribution on the ship is determined by its actual net cost at the end of unloading cargo.

However, if the goods are sold to the moment of delivery to the destination, it is determined by the general average contribution in the amount of the actual net proceeds from the sale, with the addition of any amount recoverable in general average.

Mail, passenger baggage, personal effects and accompanying personal cars not involved in the general average.

Rule XVIII. Damage to the vessel.

The amount to be made good as general average for damage to or loss of the vessel, its machinery and / or equipment, which were the result of an act of general average is:

a. In case of repair or replacement,

Reasonable actual cost of repair or replacement of such damages or loss, taking into account deductions under Rule XIII;

b. If repair and replacement are not implemented.

Reasonable cost reduction, which occurred as a result of such damage or loss, but not exceeding the estimated cost of repairs. However, in case of total loss of the actual ship, or in cases where the cost of repairing the damage would exceed the value of the vessel in good condition, the amount to be reimbursed to the general average is the difference between the estimated value of the vessel in the intact state, after deducting the estimated costs of undoing its damage other than general average and the value of the vessel in a damaged condition, which can be determined by the net proceeds from the sale, if any.

Rule XIX. Are not declared or improperly Ads Georgia.

Damage or loss caused to goods, shipped without the knowledge of the shipowner or his agent or to goods, deliberately marked wrongly during shipment, can not be admitted as general average, but in the event that the goods will be saved, the owners are required to participate in the contributions by general average.

Damage or loss caused to goods, incorrectly announced the shipment cost less than their actual value, shall be reimbursed to the general average, based on the declared value, but in general average deposit such goods are involved at their fair value.

Rule XX. With means.

Commission of 2 per cent to general average costs other than wages and maintenance of the master, officers and teams, as well as the cost of fuel and ship supply items are not replaced during the voyage, shall be compensated by obshey accident.

The damage sustained by the owners of the goods sold to increase the resources to cover the costs of general average admitted as general average.

The cost of insurance to cover the cost of the overall accident also allowed in general average.

Rule XXI. INTEREST ON DAMAGES recoverable in general average.

General average accepted interest costs, donations and refunds attributable to the general average of 7 per cent per annum during the three months of the average adjustment, duly taking into account the interim payments, or made parties to the coverage of general average, either escrow fund of general average.

Rule XXII. Handling of cash deposits.

In cases when you received cash deposits from Georgia to secure contributions in general average, salvage or special charges, such deposits must be made without delay to the general account, open joint names a representative appointed by the ship owner, and the name of the representative appointed of depositors in the bank, approved by both.

The sum so deposited, together with accrued interest, if any, is the provision of payment of parties eligible, contributions in general average, salvage or special charges, to be paid by the load, for which received a deposit.

Partial payments or refunds of deposits can be made by written certification of average adjuster. Such deposits, payments or refunds do not affect the ultimate liability of the parties.