ABSTRACT

Expenditure differs from sacrifice in that once the expenditure has been made, it is so much money lost to the party who disbursed it. Hence the practice that has grown up over many years of insuring general average disbursements, the cost of which is allowable in general average in accordance with Rule XX. The question whether or not to include a Non-Separation provision in the Rules of 1994 was first raised in the chairman's report and questionnaire of July 1991 and provoked heated debate in the International Sub-Committees of both the Association Internationale des Dispacheurs Europeens (AIDE) and Comite Maritime International (CMI). In the Abt Rasha, David Steel J. noted that the automatic adoption of the Non-Separation provision under Rule G was "subject to appropriate notification". Prior to the insertion of the Non-Separation Clauses in Rule G, the cargo owner would have been alerted by receiving a request to sign an average bond with a Non-Separation Agreement attached to it.