York Antwerp Rules - Explained
What are the York Antwerp Rules?
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What are the York Antwerp Rules?
The York Antwerp Rules are a set of model internal maritime rules concerning the rights and obligations of vessel and cargo owners when cargo aboard a vessel must be jettisoned (thrown overboard). The rules were created by an international committee in 1864. The rules are now promulgated by the Comite Maritime International (CMI), which is a group made up of Maritime Law Associations across the world.
How are the York Antwerp Rules Used?
Shippers and common carriers routinely integrate these rules into their contracts (shipping agreements, bills of lading, affreightment contracts, and insurance policies). The York Antwerp rules generally come into play when there is a situation at sea where the vessel could be lost. The following conditions must generally be met:
- There is an imminent danger to the ship (hull damage, weather, etc.);
- A portion of the ship's cargo must be jettisoned to save the ship or the remainder of the cargo (there must be no time to arbitrage); and
- The attempt to avoid disaster must be successful (the ship survives).
If the vessel acts under these conditions, all stakeholders (cargo owners and vessel owners) must share proportionally in the losses. The owners of the jettisoned goods receive compensation from the other stakeholders. Each partys portion of responsibility is generally a percentage of the value of goods being shipped or resultant profits. The York Antwerp rules embody a concept known as General Average.