The Commercial Court recently settled a long-debated issue regarding the version of the York-Antwerp Rules (YAR) applicable to general average (GA) adjustments. In the case of Star Axe I LLC v. Royal and Sun Alliance Luxembourg S.A. & Others (Star Antares) [2023] EWHC 2784, the court ruled that YAR 2016, not YAR 1994, applies pursuant to clause (3) of the standard Congenbill 1994 form. The dispute arose from damage sustained by the claimant's vessel, leading to a GA declaration. The defendants, cargo insurers, and claimants disagreed on whether their rights and obligations were governed by YAR 1994 or YAR 2016. The court favored the defendants' argument, emphasizing an 'inbuilt updating mechanism' in Congenbill 1994, ensuring the latest YAR version is applicable to reflect developments in shipborne commerce. Consequently, the GA adjustment in this case was determined to be conducted under YAR 2016.

SOURCE: GOOGLE

SOURCE: GOOGLE