ABSTRACT

One of the topics discussed by the Comite Maritime International (CMI) IWG prior to the New York Conference was whether or not the York-Antwerp Rules should include a set of definitions. This idea was ultimately rejected for the good reason that it is difficult to draft definitions to cover every eventuality and thus the inclusion of definitions may only stimulate dispute. A set of Guidelines was drafted and presented for discussion at the CMI Conference in New York. Despite the most strenuous opposition of the French delegation, the Guidelines were adopted, with 41 votes in favour and only the French delegation abstaining. This chapter includes an explanation of the concept and development of general average and the York-Antwerp Rules. It also provides examples of general average situations and the basic principles of the adjustment of general average together with an example adjustment.