ABSTRACT
This chapter presents the York-Antwerp Rules that was formed in 1924. At the Hamburg Conference in 1974 it was proposed to add a further paragraph reading: "Thereafter the onus of proof is upon the party refusing to contribute in general average to show that he is not liable to contribute". This proposal was not accepted, not because it was incorrect but because it was thought to trespass upon the province of Rule D. The average adjusters on the CMI International Sub-Committee were invited to give their attention to this problem with a view to recommending whether or not it would be feasible to impose a cut-off, either by a provision in the York-Antwerp Rules or otherwise. The AIDE passed the question to one of their working groups and in the event the General Assembly at Prague in September 1993 approved a proposal to recommend the few more text as an addition to Rule E.
