The Court has recently clarified which version of the York-Antwerp Rules is incorporated into the Congenbill 1994 and consequently which set of the Rules applied to the general average adjustment in this case. This issue has been debated for years and the Court decided that it is the York-Antwerp Rules 2016, not the 1994 version. In their article, Alexander Freeman and Richard Cooper consider the Court’s reasoning. More here: https://lnkd.in/eYWk6TgG #ShippingLaw #MarineLaw #MaritimeLaw
I preferred the 1994 rules
Amazing work Alexander Freeman !
Partner Equivalent
11moInteresting and good to get clarification on a point that has vexed the industry for some time. I have to say I was in the camp (and the large camp I would venture to say) that believed the opposite of this decision. I’m still of that view as the new Rules are just that - a whole set of new Rules not a modification of the 1994 Rules. Will be interesting to see what the Court of Appeal does if it gets there.