ABSTRACT

A working group under the chairmanship of Mr Jan Sandström of Gothenburg was commissioned to study and report as to whether there was a need for revision or amendment of Rule D, particularly in view of the entry into force of the Hamburg Rules. On the whole, members of the International Sub-Committee, recognising the limitations of their mandate as representatives of a service industry, were inclined towards a more cautious report. But in the event the Association Internationale des Dispacheurs Européens (AIDE) General Assembly, by a majority, passed a resolution recommending that consideration be given, on the grounds of equity and to accelerate the settlement of general average cases, to an amendment to Rule D to make rights of recourse subject to settlement under an adjustment. As stated in Lowndes and Rudolf, Rule D does not alter the common law of England.