York Antwerp Rules
Page 385
Index
Index
- AAA see Association of Average Adjusters (AAA)
-
Abandonment of voyage
- circumstances where ship owner or carrier is entitled to abandon, –
- commercial total loss,
- crew, discharge of,
- expenses at port of refuge etc, , –
- frustration of contract, –
- Non-Separation Clause,
- perils, in position of, –
- port of loading, at,
- port of refuge, at,
- temporary repairs, –
- time and place of adjustment, –
- wages and maintenance of crew, –, –
- Absorption clauses, –
- Accidental damage, standard clauses
- Accommodation, costs of,
- Accounts
- Accrual of cause of action,
- Adjustment see also Time and place of adjustment (Rule G)
- Admixture of cargo,
- Affreightment, contracts of,
- Agency of necessity, , –
- AIDE (Association Internationale de Dispacheurs Européens) see AMD (Association Mondiale de Dispacheurs)
- Air-freighting spare parts, costs of,
- Allowances, issue of,
- AMD (Association Mondiale de Dispacheurs)
-
Amount to be made good for cargo lost or damaged by sacrifice (Rule XVI), –
- adjustment, –
- Antwerp Rule,
- calculation, method of,
- contribute to general average, amount made good for sacrificial loss or damage must, –
- contributory values, , ,
-
depreciation, ,Page 386
- exceed value goods would have had if remained on board, amount cannot, –
- freight,
- hypothetical salvage,
- invoice value, – , , –
- jettison, –
- market value
- original destination, voyage ending at place other than,
- prior termination of adventure, –
- sacrifice bears risks of voyage, loss by, –
- sale of damaged cargo, ,
- salvage awards, –
- time of discharge, value at, ,
- valuation of cargo,
- York-Antwerp Rules 1890,
- York-Antwerp Rules 1924, ,
- York-Antwerp Rules 1950,
- Amsterdam Conference 1949, –
- Amsterdam, ordinance of,
- Anchors or cables,
- Anti-trust laws,
- Antwerp Conference,
- Apportionment
- Arbitration
- Artificial general average,
- Association Internationale de Dispacheurs Européens see AIDE (Association Internationale de Dispacheurs Européens)
- Association Mondiale de Dispacheurs see AMD (Association Mondiale de Dispacheurs)
- Association of Average Adjusters (AAA),
- Average adjusters see Association of Average
- Adjusters (AAA)
- Average Bond, , Lloyd’s
- Average disbursements see Insurance, of average disbursements
- Average Disbursements Clause,
- Average Guarantee, copy of,
-
Background to York-Antwerp Rules 2004,
- AIDE position paper,
- Berlin conference 1998,
- Comité Maritime International, , ,
- common safety,
- International Union of Marine Insurance,
- Marine Insurance Act 1906,
- national maritime law associations, ,
- questionnaire to maritime law associations,
- Remé, Latron and Levy Working Group (CMI), ,
- Salvage remuneration,
- summary of rules,
- temporary repairs,
- Baily Thesis,
- Baltic and International Maritime Council see BIMCO (Baltic and International Maritime Council)
-
Baltime form,Page 387
- Bank charges,
- Banknotes,
- Barges under tow, –
- Berlin conference,
- Bigham Clauses (Rule G), , ,
-
Bills of lading
- currency, , ,
- delivery of cargo at port or place named in bill of lading, –
- Hague Rules,
- Hague-Visby Rules,
- incorporation, –
- interest, , ,
- jettison without bills,
- liner bills,
- time and place of adjustment, –
- time bar for contributions, –
- undeclared or wrongfully declared cargo,
- York & Antwerp Rules,
- BIMCO (Baltic and International Maritime Council)
- BMLA (British Maritime Law Association), –
- Boilers see Machinery and boilers, damage to (Rule VII)
- Bottomry
- Bottom treatment, , –
- Breakage and chafing,
- British Maritime Law Association (BMLA), –
- Bunkers see also Fuels and stores
- Burden of proof
-
Burden of proof (Rule E), –
- average adjusters
- challenge, estimates, right to, –
- contribution, –
- cut-off provisions, –
- declarations of general average,
- delay, ,
- estimates of value, –
- evidence, production of, –
- Lloyd’s Open Form,
- notification,
- recoveries from third parties,
- value, particulars of contributory, –
- York-Antwerp Rules 1924,
- Cabin stewards, wages and maintenance of,
- Cables or anchors,
- Canada
- Cargo see also Cargo, ship’s materials and stores used for fuel (Rule IX); see also Cargo, value of;see also Forwarded to destination, values where cargo;see also Jettison;see also Loss or damage to cargo
- Cargo’s contribution,
-
Cargo, ship’s materials and stores used for fuel (Rule IX), –
- ‘cargo . . . necessarily used for fuel,’
- common safety,
- credited with estimated cost of fuel which would have been consumed, , ,
- oil,
- peril, ships in, ,
- sufficient fuel provided, where,
- time charterparties,
-
undeclared or wrongfully declared cargo, –Page 388
-
Cargo, value of
- carriage contracts,
- c&f, goods sold,
- cif, goods sold, ,
- containers,
- contract or carriage,
- contributory value, –, –
- delivery, value at time of, –
- fob price,
- freight, –, –
- insurance premiums,
- packages,
- salvage,
- time of discharge, at, –
- transhipment coast,
- York-Antwerp Rules 1924,
- York-Antwerp Rules 1950,
- Carriage contracts see also Bills of lading;
- Charterparties
- Cash deposits see also Cash deposits, treatment of (Rule XXII)
-
Cash deposits, treatment of (Rule XXII), –
- Association of Average Adjusters,
- average adjusters
- CMI
- collection, –
- currency,
- currency control regulations,
- depositor, property,
- disbursements,
- Europe,
- joint bank accounts
- liner bills of lading,
- possessory liens for unpaid freight and general average,
- sacrifice of cargo,
- security, –
- special account, paid into, , –
- United Kingdom,
- United States, ,
- Cattlemen, wages and maintenance of,
- Causation
- Centrocon Arbitration Clause, , ,
- Chafing and breakage,
- Charterparties
- Cleaning the bottom, –
- CMI (Comité Maritime International), York–Antwerp Rules 2004
- CMIguidelines, general average,
- Collisions, –
- Comité Maritime International see CMI (Comité Maritime International)
-
Commencement of actions,Page 389
- Commercial total loss, , ,
- Commission
- Common adventure, ,
- Common benefit
-
Common safety see also Common safety, loss or damage by sacrifices for the (Rule II)
- absorption clauses,
- common adventure,
- common benefit,
- definition of general average, , –
- expenses at port of refuge etc, –, –, –, , ,
- ‘intentionally run ashore for the common safety,’ –
- lightening,
- peril, in position of, , –
- port, measures taken for common safety when vessel is in, –
- port of refuge,
- salvage, –
- temporary repairs, , –,
- voluntary stranding, –
- wages and maintenance of crew, , , , –,
- York-Antwerp Rules 2004, background to, ,
- Common safety, loss or damage by sacrifices for the (Rule II 1994), –
- Community of interest, , ,
- Comparative texts
- Compounding of engines,
- Condemnation of ships
-
Consequences rule (Rule C), –
- Admixture of cargo,
- breaking the chain of causation, ,
- contract, liability under, –
- costs,
- delay, consequences of, ,
- demurrage, –
- direct consequences, –
- English common law,
- environment, , –
- exceptions, –
- foreseeability,
- general consequences, –
- indirect consequences, ,
- loss of market, ,
- Lowndes test, ,
- Marine Insurance Act 1906,
- market price, lower,
- remoteness,
- salvage,
- third parties, liability to, –
- tow contracts, –
- UK Standard Towage Conditions, –
- Ulrich test, , , ,
- York-Antwerp Rules 1890,
- York-Antwerp Rules 1924, ,
- Consolado del Mare,
- Constructive total loss
- Containers
- Contract see also Bills of lading;see also Carriage contracts;see also Charter parties
-
Contribution see also Contribution (Rule D);see also Time bar for contributions (Rule XXIII)Page 390
- Contribution (Rule D), –
- Contributory value see also Contributory value (Rule XVII)
-
Contributory value (Rule XVII 1994), –
- ‘actual net values of property,’
- adjustment, –
- amount made good, addition of, –
- assessment, –
- banknotes,
- cargo, value of, –, –
- containers,
- contribution, –
- environmental damage under Salvage Convention 1989,
- extra charges,
- forwarded to destination, where cargo, –
- freight, –, –
- Glasgow Resolutions, –
- jettison,
- mail, ,
- market value, evidence of,
- motor vehicles, passengers’ accompanied, ,
- munitions,
- navigational equipment,
- net values,
- Non-Separation provisions,
- passage-money at risk, –
- passengers’ luggage and personal effects, ,
- salvage
- ship, value of, , –
- simplification of general average,
- trade samples,
- United States,
- valuation, –
- wireless equipment,
- Costs
- Crew see also Wages and maintenance of crew (Rule XI);see also Wages and maintenance of crew (Rule XI)
- Currency
-
Custom
- Amsterdam, ordinance of,
- Consolado del Mare,
- damage to cargo in discharging etc,
- deck cargo, ,
- Farmannalog (Norse sea law),
- jettison, , –
- Justinian’s Digest,
- Laws of Visby,
- Mediterranean, customs of, –
- Middle Ages, –
-
repairs, deductions of costs of, –,Page 391
- Rolls of Oleron,
- average adjusters, practice of, ,
- Canada,
- ‘caused by,’
- chain of causation,
- Custom of Lloyd’s,
- deterioration of perishable cargoes,
- ‘directly caused by,’ –
- examples,
- foreseeability, , –
- fuels and stores,
- Glasgow Resolution,
- incompetence or inefficiency,
- ‘in consequence of their,’
- ‘in the act of,’ –, –
- negligence, –
- refloating,
- supervening events, –
- uniformity,
- United Kingdom,
- York Rule 1864,
- Damage to ships see Ships, damage to (Rule XVIII)
- Deck cargo
- Definition of general average see also Definition of general average (Rule A)
- Definition of general average (Rule A), –
- Delay
- Delivery at port of refuge, demands for, –
- Demolition, ship sold for,
- Demurrage, –
- Deposits see also Cash deposits, treatment of (Rule XXII)
- Depreciation
- Detention
- Deterioration of cargo,
- Deviation, , –
- Directive to Marking Surveyors, text of,
- Disbursements
- Discharging cargo
- Discovered at port, damage see Prior damage rule
- Docking/undocking at night time or on holiday,
- Doubt, Norwegian NMLA,
- Dowdall draft code,
- Drydocking
- Emergencies, –
- Engineers, , –
- Engines
-
English law, general average in, –Page 392
-
Entering ports
- allowable, where expenses of,
- detention following entry into port of loading or refuge,
- environment, –
- expenses at port of refuge etc, , , –, ,
- loading, return to port of,
- oil booms placed around ship as condition of entry,
- port of refuge, , , –, , , ,
- port or place, any, –
- salvage, –
- wages and maintenance of crew, , –
-
Environmental damage
- Association of Average Adjusters, –
- British Maritime Law Association, –
- common safety, –,
- consequences rule, , –
- contributory value,
- costs of measures undertaken to prevent or minimise damage, –
- discharge or loading of cargo, cost of precautionary measures associated with, –
- entry into or departure from any port of place, –
- guarantees,
- oil booms placed around ship as condition of entry,
- P&I Clubs, , –
- preventive measures, –,
- remediation,
- salvage
- ships, valuation of, –
- special compensation, , , –
- uniformity,
- United States,
- voluntary stranding,
- wages and maintenance of crew, –
- York-Antwerp Rules 2016, –, , –
- Estimates
- Europe
- Evidence
- Exchange rates, –
- Expenditure, , –, –
- Expenses see also Expenses at port of refuge etc (Rule X);see also Substituted expenses, principle of (Rule F)
-
Expenses at port of refuge etc (Rule X), –
- abandonment of voyage, , –
- accident, definition of,
- accident, sacrifice or other extraordinary circumstances, arising in consequence of, –
- allowances following measures, continuation of, –
- Association of Average Adjusters,
- average adjusters, ,
- bunkers
-
collisions, –Page 393
- common safety, necessary for the, –, –, –, , ,
- community of interest, ,
- condemnation of ship, , , , –
- constructive total loss,
- crew
- detention, extra periods of,
- discharging cargo, , –
- discovery of damage to ship at port of loading or call, –
- dry docking for repairs, –
- entering port, expenses of, , , –, ,
- expenses, corresponding,
- explosions,
- extraordinary circumstances, definition of, ,
- fire
- freight,
- frustration, –
- fuel
- handling cargo on board, costs of, –
- insurance, , , –
- interpretation, –
- latent defects,
- leaving a port, , –,
- lightening,
- Lloyd’s Open Form, rewards under,
- master, duty of,
- Non-Separation Clause,
- outward port charges as specific charge on freight,
- peril, ships in, –, –
- pilotage,
- port, measures taken for common safety when vessel is in, –
- port of refuge, definition of,
- port or place, definition of,
- reloading of cargo,
- removal, costs of, –
- repairs, –, –, –, –,
- restowage of shifted cargo, –
- Rule X(a), –
- Rule X(b), –
- Rule X(c), –
- sacrifice, definition of,
- second port for repairs, removal to, –
- storage of cargo, expenses of, , –
- stores
- towage, , –
- wages and maintenance of crew, , , , , , ,
- warehouse rent, ,
- wear and tear,
- weather conditions, avoiding adverse, –
- Extra, meaning of, –
- Extraordinary circumstances
- Extra period of detention, ,
- Farmannalog (Norse sea law),
- Fault
- Fire on board ship, –
- Flotilla Doctrine, ,
- Foreseeability
-
Forwarded to destination, values where cargo
- assessment of value, –
- contributory value, –
- Non-Separation Agreements, –, –
- Rule of Interpretation,
-
substituted expenses, – , , –Page 394
- time and place for valuation of cargo, ,
- Fraud, ,
-
Freight see also Loss of freight (Rule XV)
- adjustment,
- amount to be made good for cargo lost or damaged by sacrifice,
- Baltime form,
- cargo value,
- carriage contracts,
- carrier, at risk of, –
- common safety,
- contingent expenses, , –
- contributory value, –
- definition,
- expenses at port of refuge etc,
- outward port charges,
- possessory liens,
- sacrifice,
- time charters, –
- value, –, –
- voluntary stranding,
- voyage charters, –
- wages and maintenance of crew, , , –
- Frustration, , –
- Fuels and stores see also Bunkers
-
Funds, provision of (Rule XX 1994 Rules), –
- Average Disbursements Insurance, , –
- bank charges,
- bottomry, , –, , –
- bunkers,
- cargo sold to raise funds, –
- commission, –, , –
- disbursements, , –, –, –
- emergencies, –
- fuels and stores, commission on, ,
- governing the adjustment, law,
- insurance, , –
- Lloyd’s Open Form,
- masters, –,
- necessity, agent of, –
- respondentia, , –
- sacrificial damage,
- salvage rewards,
- time charterers, commission and,
- United Kingdom, , ,
- United States, ,
- wages and maintenance of crew, commission on, ,
- York-Antwerp Rules 1924,
- Hague Rules,
- Hague-Visby Rules, ,
- Hamburg Rules,
- Handling cargo on board, costs of, –
- Harter Act,
- Hatches, water down the,
- Henderson v Shankland principle, –
- Henry V,
- Hull insurance
- ICS (International Chamber of Shipping),
-
Incorporation
- bills of lading, –,
- charterparties, –
-
towage contracts,Page 395
- uniformity,
- York & Antwerp Rules, , ,
- York Rules 1864,
- Indemnities,
- Inflation,
-
Insurance
- absorption clauses, –
- Average Disbursements Clause, , –
- cargo, value of,
- contribution, –
- disbursements, , –
- expenses at port of refuge etc, , , –
- fire, , –
- funds, provision of, , –
- hull insurance, –, –
- indemnities,
- International Hull Clauses, –
- machinery and boilers, damage to,
- perils of sea,
- P&I clubs, , , –
- repairs, , –
- respondentia,
- temporary repairs, –
- time and place of adjustment,
-
Insurance, of average disbursements
- Adjusters’ Clauses,
- adjustment,
- assessment of the salvage remuneration,
- Average Disbursements Clauses,
- average disbursements insurance,
- coverage,
- general average expenditure,
- Institute clauses
- Insurance of Average Disbursements,
- liability for salvage charges of underwriters insuring,
- liability of the salved interests,
- liability of the salved interests to pay the salvage remuneration,
- maritime jurisdictions,
- obligation of the parties inter se to contribute,
- purpose of,
- Salvage Association’s Clauses,
- security to salvors,
- solution,
- values assessed for salvage purposes,
- variation in values
- volunteer salvage,
- York-Antwerp Rules, –
- Intention
- Interest see Interest on losses made good in general average (Rule XXI) Interest on losses made good in general average (Rule XXI 2004)
-
Interest on losses made good in general average (Rule XXI), –
- account, payment on,
- adjustment
- Association of Average Adjusters,
- average adjusters, , , , –
- begin, when allowances, –
- bills of lading, currency and, , ,
- calculation, extension of time for,
- charterparties, currency and, , ,
- commercial influences on currency,
- controversy,
- convenience, currency of,
- currency, , , –
- date when interest will start to run,
- end, when allowances, –
- English practice, ,
- exchange rates, –
- interim payments,
- legal rate, –
- rate
- SDR interest rate,
- SDRs, currency and, –
- United Kingdom, ,
- United States, , ,
-
Interest on losses made good in general average (Rule XXI)
- Rate
- annual rate, guidelines on,
- currency, –
-
fixed rate,Page 396
- LIBOR,
- variation,
- website,
- SDRs,
- Rate
- International Hull Clauses (IHC), –
- International Union of Marine Insurance see IUMI (International Union of Marine Insurance)
- Interpretation see Rule of Interpretation
- Intervening acts,
- Italian Code of Navigation,
- IUMI (International Union of Marine Insurance)
- Jason Clause,
- Jettison see also Jettison of cargo (Rule I)
- Jettison of cargo (Rule I), –
- Jurisdiction, –
- Justinian’s Digest, –
- Laundry, –
- Laws of Visby,
- Legitimately on board ships, property which is, –
- Lettered rules
- LIBOR,
- Liens
- Lightening, see also Lightening a ship when ashore and consequent damage, expenses incurred (Rule VIII)
-
Lightening a ship when ashore and consequent damage, expenses incurred (Rule VIII), –
- ‘any loss or damage to the property . . . in consequence thereof,’ –
- bunkers,
- common safety,
- ‘discharged as a general average act,’ –
- examples of loss and damage admitted,
- extra costs,
- foreseeability,
- fuel, discharging, –
- intervening acts,
- peril, ships in,
- refloating, –,
- stores, discharging, –
- third parties,
- ‘to property involved in the common maritime adventure,’ –
- Liner shipping,
- Liverpool Conference,
- Lives, saving,
- Lloyd’s see also Lloyd’s Standard Form of Salvage Agreement (LOF)
- Lloyd’s Average Bond, –
- Lloyds Average Bond (LAB 77)
- Lloyd’s Average Bond (LAB 77),
-
Lloyd’s Standard Form of Salvage Agreement (LOF)
- burden of proof,
- copy,
- expenses at port of refuge etc,
- funds, provision of,
- LOF 2011,
- no cure no pay, , ,
- procedural rules, text of,
-
security,Page 397
- ships, valuation of,
- special compensation for environmental damage,
- Lloyd’s Standard Form of Salvage Agreement -LOF 2011,
- Loading see Loading, port of;see Reloading
- Loading, port of
- LOF see Lloyd’s Standard Form of Salvage Agreement (LOF)
- Long-term charter, ships under,
- Loss see Jettison;see Loss of freight (Rule XV);see Loss of market;see Loss or damage to cargo
- Loss of freight (Rule XV), –
- Loss of market, ,
-
Loss or damage to cargo see also Jettison
- amount to be made good for cargo lost or damaged by sacrifice, –
- average adjusters, practice of, ,
- Canada,
- chain of causation,
- common safety, –
- Custom of Lloyd’s,
- deterioration of perishable cargoes,
- examples,
- expenses, , –
- foreseeability, , –
- fuels and stores,
- incompetence or inefficiency,
- interest, –
- lightening, –
- negligence, –
- refloating,
- sale of damaged cargo, ,
- supervening events, –
- uniformity,
- United Kingdom,
- Loss, pro-rated proportion,
- Lowndes test, ,
-
Machinery and boilers, damage to (Rule VII), –
- ‘ashore and in position of peril,’ –
- Association of Average Adjusters,
- auxiliaries, definition of,
- compounding of engines,
- definition of machinery,
- insurance,
- intention to refloat ship, –
- peril, in a position of, –
- reasonableness,
- refloating ship, –
- Rule Paramount,
- working propelling machinery and boilers, damage caused by, –
- Mail, ,
- Maintenance see Wages and maintenance of crew (Rule XI)
- Makis agreement, –, –
- Marine insurance see Insurance;see IUMI (International Union of Marine Insurance);see Marine Insurance Act 1906
- Marine Insurance Act 1906
- Maritime liens, , ,
- Market value
- Marking surveyors, directive,
- Masters
- Masts or spars, –
- Mediterranean, customs of, –
- Middle Ages, general average in the, –
- Misdescriptions, –
- Mistake,
- Motor vehicles, ,
- Moves for repairs, –, –,
-
Munitions,Page 398
- National Association for the Promotion of Social Science, letter from, –
- National maritime law associations
- Navigational equipment,
- Necessity, agency of, , –
- Negligence, –
- New for old deductions, –,
- New Testament, general average act in,
- No cure, no pay, , , , ,
- Non-Separation Agreements, see also Non-Separation clause (Rule G)
-
Non-Separation clause (Rule G), , , –
- Bigham Clause, , , ,
- Canada, –
- cargo interests
- carriage contracts, incorporation into,
- CMI Conference in 2016,
- community of interest,
- costs, cap, ,
- delivery at port of refuge, demands for, –
- effect of clause,
- forwarding cargo to destination, –
- frustration,
- H&M insurance,
- port of loading, put back to,
- port of refuge
- repairs, , ,
- restrictions, –
- retention of cargo on board ship,
- security,
- standard forms, ,
- United States, , ,
- Vancouver Conference in 2004,
- wages and maintenance of crew, ,
- Norse sea law (Farmannalog),
- Norway,
- Notice of claims,
- Numbered rules
- Oil booms placed around ship as condition of entry,
- Ordinance of Amsterdam,
- Ordonnance de la Mer of 1681,
- Origins of general average, –
- Overheating of engines,
- Overtime, , ,
- Painting of bottom, –
- Paramount Rule see Rule Paramount
- Passage-money, –
- Passengers
- Peril, in position of
- Petty average,
- P&I clubs, , , –
- Pilotage,
- Place of adjustment see Time and place of adjustment (Rule G)
- Port charges, –, –,
- Port of loading see Loading, port of
-
Port of refuge see also Expenses at port of refuge etc (Rule X)
- abandonment of voyage,
- common safety,
- definition,
- delivery at port of refuge, demands for, –
- detention following entry into port,
- entering port, , , –, , , ,
-
interruption of voyage at port of refuge,Page 399
- Non-Separation Clause,
- part of cargo left behind,
- permanent repairs cannot be effected at port of refuge, where, –
- repairs, , , , –,
- ships, damage to,
- temporary repairs, , , , –
- time and place of adjustment, ,
- towage
- transhipment, –, , –
- wages and maintenance of crew, –, ,
- Port or place, definition of,
- Possessory liens, , ,
- Precautionary measures, costs of, –
- Prior damage rule
- Propelling machinery and boilers, damage caused by working, –
- Public policy,
- Purpose of general average, ,
- Pushing another vessel or vessels see Towing or pushing another vessel or vessels (Rule B)
- Reasonableness
- Reconditioning expenses,
- Refloating
- Refuge, port of see Port of refuge
- Reloading
- Remoteness,
- Removal expenses, –
-
Repairs see also Repairs, deductions in costs of (Rule XIII);see also Temporary repairs (Rule XIV)
- comparison of available options,
- deferred, repairs which can be,
- depreciation,
- docking/undocking at night time or on holiday,
- drydocking, –,
- estimates, ,
- excess of apparent value, repairs in, –
- expenses at port of refuge etc, –, –, –, –,
- frustration,
- latent defects,
- moves for repairs, –, –,
- Non-Separation Clause, , ,
- overtime of crew,
- overtime of shore labour,
- port, movement of vessel in,
- port of refuge, ,
- reasonable costs, –,
- riding repairers, employment of,
- second port for repairs, removal to, –
- ships, damage to, –
- ships, valuation of, , –
- substituted expenses, –, , , –, ,
- superintendent or agent to expedite repairs, employment of,
- towage to destination,
- during voyage, repairs effected,
- wages and maintenance of crew, , –, , , , ,
-
Repairs, deductions in costs of (Rule XIII), –
- 15 years old, where ship is over,
- accounts, examination of,
- anchors or cables,
- average adjusters, , –, –
- bottom treatment, , –
-
cleaning the bottom, –Page 400
- credit for old materials, –
- custom, –,
- drydock charges, , –
- engine bedplates, replacement of,
- engineers, consultation of, –
- indemnities under marine insurance policies,
- iron or steel ships, introduction of, ,
- Marine Insurance Act 1906,
- modernisation/simplification,
- moves for repairs, –
- national practices,
- new for old deductions, –,
- painting of bottom, –
- practice, –
- progressive scale, ,
- replacement of old parts, increase in value of ship due to,
- sacrificial damage, , ,
- shifting the ships,
- slipway dues,
- surveyors, consultation of, –
- uniformity,
- United Kingdom, ,
- United States, –
- wear and tear,
- Repatriation of crew,
- Replacement of old parts, increase in value of ship due to,
- Respondentia
- Restowage
- Retention of cargo on board ship,
- Rhine Rules, –
- Rhodian Law,
- Riding repairers, employment of,
- Rolls of Oleron,
-
Rule of Interpretation, –
- allowances, –,
- apportionment,
- definition of general average,
- deposits, treatment of,
- documentation,
- forwarded to destination, assessment of values where cargo,
- governing law,
- inconsistencies, overriding,
- lettered rules, –, –
- Makis agreement, –, –
- mandatory laws,
- notice of claims,
- peril, prerequisite of, –, –
- public policy,
- Rule Paramount, ,
- substituted expenses,
- time and place of adjustment,
- United States, –
- York-Antwerp Rules 1950,
- Rule Paramount, –
-
Sacrifice see also Common safety absorption clauses,
- accident, sacrifice or other extraordinary circumstances, –, ,
- amount to be made good for cargo lost or damaged by sacrifice, –
- cargo,
- cash deposits,
- consent of owners, –
- definition,
- deliberate damage to ship,
- depreciation,
- entry into port, , , –
- expenditure, distinguished from, –
- expenses at port of refuge etc, –
- freight,
- funds, provision of,
- Justinian’s Digest, –
- net proceeds,
- reasonableness, –
- repairs, deductions for, , ,
- Rhodian Law,
- Rule Paramount, –
-
ships, damage to, –,Page 401
- ship’s materials,
- temporary repairs, , –
- time and place of adjustment, –
- wages and maintenance of crew, ,
- Safety see Common safety
- Sailing ships, –
- Sale
-
Salvage, reward see also Salvage (Rule VI)
- amount to be made good for cargo lost or damaged by sacrifice, –
- cargo, value of,
- charter, ships under long-term,
- common safety, –
- comparison with general average,
- consequences rule,
- contributory value,
- delay for providing security,
- environmental damage,
- funds, provision of,
- Guarantee Form, copy of,
- long-term charter, ships under,
- no cure no pay,
- reward
- Salvage Convention, ,
- security, ,
- ships, valuation of, –
- special compensation for environmental damage, –
- successful, whether act had to be,
- towage,
- wages and maintenance of crew, –
-
Salvage (Rule VI ), –
- adjustment, admission of salvage payments into general average, –
- aggregate of liabilities,
- apportionment, , ,
- arbitration, ,
- average adjusters, –,
- comparison with general average,
- contracts, , ,
- contractual/legal liability,
- costs, –, –
- differential settlements by cargo and ship interests, problem of, –
- English law, –
- environmental damage, –, , –
- Europe,
- expenses, –, , ,
- failure of 2004 Rules,
- International Sub-Committee,
- interrelationship with general average, –
- ISC meetings,
- Italian Code of Navigation,
- IUMI working group, , ,
- IWG’s Questionnaire,
- lives, saving,
- Lloyd’s Forms of Salvage Agreement (LOF), , –,
- loss/damage,
- maritime liens on property saved,
- Montreal Compromise,
- necessity, agent of,
- no cure, no pay, , , ,
- payment,
- reasonableness, ,
- reward, payment of, –, , , –
- Rule Paramount, –
- sacrifices,
- sails, damage to,
- Salvage Convention 1989, –
- salvage payments,
- special compensation for environmental damage, ,
- stakeholders, ,
- sub-rule,
- time and place of assessment of value,
- total loss, ransom for,
- under contract/otherwise,
- uniformity,
- United Kingdom, –,
- United States, –
- useful result, services must have a,
- value, assessment of,
- Vancouver Conference in 2004,
- volunteers, persons must be,
- security,
-
Salvage Guarantee Forms,Page 402
- Saving lives,
- Savings to general average
- Schadee Commission,
- Scientists, wages and maintenance of,
- Scrap value, ,
- SDRs (special drawing rights), , –
- Seafarers see Wages and maintenance of crew (Rule XI)
- Seaworthiness
- Security see Guarantees;see Liens;see Security for general average
- Security, cargo,
- Security documentation,
- Security for general average
- Security for general average, –
- Security for salvage,
- Shifting the ships, , –, , –,
- Ships see also Condemnation of ships;see also Ships, damage to (Rule XVIII 1994);see also Ships, valuation of
-
Ships, damage to (Rule XVIII),
- adjustment, –
- apportionment, ,
- average adjusters, , , , –,
- commercial total loss, ,
- constructive total loss, –, ,
- deferred, repairs which can be,
- demolition, ship sold for,
- depreciation, , , , –
- drydocking, –
- English law,
- estimates, ,
- evidence,
- Henderson v Shankland principle, –
- hull insurance, indemnity under,
- inflation,
- perils of the sea, insured,
- port of refuge, entering a,
- reasonable costs of repair, –,
- repairs,
- sacrificial damage, –,
- sale
- seaworthiness, ,
- surveyors, reports of,
-
time-based charges,Page 403
- uniformity, ,
- wreck, proceeds of,
- Ship’s materials, , –
-
Ships, valuation of, salvage
- actual net value,
- Association of Average Adjusters, –
- average adjusters,
- bunkers, value of,
- charter, ships under long-term,
- contributory value, , –
- environmental damage, –
- estimates,
- excess of apparent value, repairs in, –
- extra charges incurred,
- Lloyd’s Open Form,
- market value, , –
- repairs, , –
- salvage
- scrap value, ,
- during voyages, repairs effected,
- Shore labour, overtime of,
- Shortages,
- Singapore conference,
- Slipway dues,
- Smoke damage, –,
- Spare parts, costs of air-freighting,
- Spars or masts, –
- Special accounts, deposits paid into, , –
- Special compensation for environmental damage, , , –
- Special drawing rights (SDRs), , –
-
Standard forms and clauses see also Lloyd’s Standard Form of Salvage Agreement (LOF)
- absorption clauses, –
- Average Bond, –, –,
- Average Disbursements Clause,
- Average Guarantee, copy of,
- Baltime form,
- BIMCO absorption clauses, –
- Centrocon Arbitration Clause, , ,
- Guarantee Form, copy of,
- International Hull Clauses, –
- Lloyd’s Average Bond, –,
- Lloyd’s Form of Deposit Receipt, ,
- Non-Separation Clause, ,
- Salvage Guarantee Forms, –,
- UK Standard Towage Conditions, –
- Stockholm Conference,
- Storage
- Stores see Fuels and stores
- Stowage see Restowage
- Stranding see Voluntary stranding (Rule V)
- Strikes, delay caused by,
- Substituted expenses, , –, , see also Substituted expenses, principle of (Rule F of1994 Rules)
-
Substituted expenses, principle of (Rule F), –
- AAA Rules of Practice, –
- ‘any additional expense,’ –,
- bunkers, consumption of,
- comparison of available options, –
- contribution, –
- docking/undocking at night time or on holiday,
- drydocking with cargo on board, –
- expense
- extra, meaning of, –
- forwarding cargo to destination, –, , –
- interpretation, , –
- loss, question of substituted, –
- Myerson Working Party,
- overtime,
- port, movement of vessel in,
- reasonableness, –
- repairs, –, , , –
- repatriation of part crew at port of refuge,
- riding repairers, employment of,
-
Rule of Interpretation,Page 404
- Rule Paramount, –
- savings to general average, –, –
- spare parts, costs of air-freighting,
- superintendent or agent to expedite repairs, employment of,
- towage from a port of refuge to destination, , , –
- transhipment from point of refuge, –, , –
- United States,
- York-Antwerp Rules 1890, ,
- York-Antwerp Rules 1924, ,
- York-Antwerp Rules 1950,
- York-Antwerp Rules 1974, –
- Successful, whether acts have to be, –
- Supercargo, definition of,
- Superintendent or agent to expedite repairs, employment of,
- Supervening events, –
- Surveyors
- Sydney Conference 1994,
- Taylor Working Group, ,
- Temporary repairs see Temporary repairs (Rule XIV)
-
Temporary repairs (Rule XIV), –
- abandonment of voyage, –
- Association of Average Adjusters, , , , –
- average adjusters, , , , ,
- background,
- Baily Thesis,
- common benefit,
- common safety, –,
- completion of adventure, enabling the, –
- condemnation of ship,
- definition of temporary repairs, , –
- England, , , –
- extra period of detention,
- hull insurance, where cost is also claimable under, –
- moving to second port,
- overheating of engines,
- permanent repairs cannot be effected at port of refuge, where, –
- place where adventure ended,
- port of loading or call, ,
- port of refuge, –, , , , –
- Rule Paramount, –
- sacrifice, caused by,
- sacrifice, damage caused by general average, –
- savings to general average, , –,
- substituted expense, as, , –, ,
- United Kingdom, , ,
- United States, –
- York-Antwerp Rules 1890,
- York-Antwerp Rules 1924,
- Termination of voyage/adventure
- Third parties
- Timber cargoes on deck, –
-
Time and place of adjustment (Rule G), –
- abandonment of voyage, –
- community of interest,
- delivery of cargo at port or place named in bill of lading, –
- forwarding of cargo to place of destination,
- insurance of disbursements,
- interruption of voyage at port of refuge,
- part cargo left behind at port of refuge,
- port of discharge,
- port of loading, abandonment of voyage at,
- port of refuge
-
abandonment of voyage at,Page 405
- interruption of voyage at port of refuge,
- part cargo left behind,
-
- Rule of Interpretation,
- sacrifice distinguished from expenditure, –
- termination of adventure, , –
- transhipment,
- uniformity,
- values, basis of, –
- York-Antwerp Rules 1890,
- York Rules 1864,
-
Time bar for contributions (Rule XXIII),
- accrual of cause of action,
- arbitration agreements,
- Average Bond, –
- bills of lading, –
- Centrocon Arbitration Clause, , ,
- charterparties, –
- commencement of actions,
- contract,
- guarantees, –
- Hague Rules, bills of lading under,
- Hague-Visby Rules, bills of lading under,
- Lloyd’s Average Bond, –
- undertakings, –
- Time charterparties
- Total loss
- Towage see also Towing or pushing another vessel or vessels (Rule B)
- Towing or pushing another vessel or vessels (Rule B), –
- Trade samples,
- Transhipment
- UK Standard Towage Conditions, –
- Ulrich test, , , ,
- UNCTAD (UN Conference on Trade and Development)
- Undeclared or wrongfully declared cargo (Rule XIX 1994 Rules), –
-
Uniformity, –
- damage to cargo in discharging etc,
- Glasgow Resolutions, –
- incorporation by reference of York-Antwerp Rules,
- National Association for the Promotion of Social Science, letter from, –
- quest for uniformity, –
- repairs, deductions for,
- salvage,
- ships, damage to, ,
- time and place of adjustment,
- towage, ,
- variance of laws and practice in different countries,
- wages and maintenance of crew,
- York & Antwerp Rules 1877,
- York-Antwerp Rules 1890, –
- York-Antwerp Rules 1924, , –
- York-Antwerp Rules 1950, –
- York-Antwerp Rules 1974, –
- York Rules 1864,
-
United StatesPage 406
- anti-trust laws,
- average adjusters, ,
- Average Disbursements Clause,
- barges under tow,
- Bigham Clause, ,
- cash deposits, ,
- contribution, –
- contributory value,
- currency,
- delivery at port of refuge, demands for,
- environment,
- funds, provision of, ,
- interest, , ,
- Jason Clause,
- New Jason Clause,
- Non-Separation Clause, , ,
- peril, prerequisite of, –
- repairs, deductions for, –
- restowage of shifted cargo,
- Rule of Interpretation, –
- Rule Paramount, –,
- salvage, –
- substituted expenses,
- temporary repairs, –
- towage, –
- unseaworthiness, –
- wages and maintenance of crew, , ,
- York-Antwerp Rules 1924,
- Unseaworthiness see Seaworthiness
-
Value, market value see also Contributory value;see also Contributory value (Rule XVII);see also Ships, valuation of
- amount to be made good for cargo lost or damaged by sacrifice, –
- bunkers,
- cargo, –
- estimates, –
- evidence,
- exceed value goods would have had if remained on board, amount cannot, –, –, –
- forwarded to destination, assessment of values where cargo, –
- freight, –, –
- hypothetical value,
- invoice value, –, , –
- jettison, –
- market value
- repairs in excess of apparent value, –
- replacement of old parts, increase in value of ship due to,
- salvage,
- time and place of valuation, –,
- time of discharge, ,
- variance of laws and practice in different countries,
- Vancouver Conference 2004, , , ,
- Variance of laws and practice in different countries, –
- Vessels see Ships
- Visby, laws of,
- Voluntary stranding (Rule V), –
- Voyage charterparties, –
-
Wages and maintenance of crew (Rule XI), –
- abandonment of voyage, –, –
- accident, sacrifice or other extraordinary circumstances, entry into port due to, ,
- accommodation, costs of,
- artificial general average,
- Association of Average Adjusters,
- basic wages,
-
begin, when detention allowances, –Page 407
- cabin stewards, definition of,
- calculation, , , –
- cattlemen, exclusion of,
- commission, ,
- common adventure,
- common safety, ,, , , –,
- condemnation of ship, –, –,
- crew, definition of,
- crewing ship, costs of,
- date when allowances cease when ship is condemned or voyage abandoned,
- definition of maintenance, –
- definition of wages, –
- delay for circumstances unconnected with average,
- departure from any port of place, –
- detention following entry into port of refuge or return to port of loading,
- deviation, , –
- discharge of crew following abandonment,
- discharge or loading of cargo, cost of precautionary measures associated with, –
- engineers, exclusion of,
- English law, , , ,
- entry into port
- environmental damage, costs of measures undertaken to prevent or minimise, –
- expenses at port of refuge etc, –, –, , , ,
- extension of detention for circumstances unconnected with average,
- extra period of detention, , –
- fires, extinguishing,
- freight, , , –
- funds, provision of, ,
- Glasgow Resolutions, ,
- guarantees,
- ICS (International Chamber of Shipping),
- IUMI’s disapprobation,
- laundry, –
- liabilities and expenses,
- Marine Insurance Act 1906,
- Non-Separation Clause,
- oil booms placed around ship as condition of entry,
- original voyage, where ship does not proceed on,
- overtime, , ,
- P&I Clubs, , –
- peril, in position of,
- port charges, –
- port of refuge, –
- precautionary measures associated with discharge or loading of cargo, cost of, –
- prior damage exclusion, –,
- prolongation of voyage, –
- provisions, –
- refuge/returning,
- repairs, , –, , , , ,
- Rule XI(a), –
- Rule XI(b), –
- Rule XI(c), –
- Rule XI(d), –
- salvage
- scientists, exclusion of,
- stay in port, detention as consequence of some event which happens during, –
- stranding, voluntary,
- strikes, delay caused by,
- supercargo, definition of,
- surveys, time allowed for,
- Sydney Conference in CMI,
- termination of allowances, –
- towage, ,
- uniformity,
- United Kingdom,
-
United States, , ,Page 408
- Vancouver Conference,
- voluntariness,
- weather conditions, delay caused by,
- York Rules 1864,
- Warehouse rent, ,
- Wear and tear,
- Weather conditions, avoiding adverse, –
- Wireless equipment,
- Wiswall working group,
- Wreck, cutting away (Rule IV), –
- York & Antwerp Rules 1877,
- York-Antwerp Rules 1890, –
-
York-Antwerp Rules 1924, –
- amount to be made good for cargo lost or damaged by sacrifice, ,
- Association of Average Adjusters,
- burden of proof,
- cargo, value of,
- common safety,
- consequences rule, ,
- definition of general average, , –, , ,
- Dowdall draft code,
- freight, loss of, –
- funds, provision of,
- general rules, –
- incorporation into bills of lading,
- International Law Association, French branch of,
- interpretation,
- lettered rules as general rules,
- Makis agreement,
- numbered rules as particular rules,
- particular rules, precedence of,
- ships, damage to,
- Stockholm Conference,
- substituted expenses, ,
- temporary repairs,
- uniformity, –
- United States, approval in,
- York-Antwerp Rules 1950, –
-
York-Antwerp Rules 1974, –
- 1990 amendment,
- AIDE (Association Internationale de Dispacheurs Européens),
- allowances, calls for curtailment of, ,
- Comité Maritime International,
- common safety, ,
- Lloyd’s Open Form 1990,
- Rule IV, revision of,
- Salvage Convention,
- Schadee Commission,
- simplification, –
- substituted expenses, –
- uniformity, –
-
York-Antwerp Rules 1994,
- amount to be made good for cargo lost or damaged by sacrifice, –
- Bigham Clauses,
- cargo, ship’s materials and stores used for fuel, –
- cash deposits, treatment of, –
- common safety, loss or damage by sacrifices for the, –
- consequences rule, –
- contribution, –
- contributory value, –
- damage to cargo in discharging etc, –
- definition of general average, –
- expenses at port of refuge etc, –
- funds, provision of, –
- interest on losses made good in general average, –
- jettison of cargo, –
- lightening a ship when ashore and consequent damage, expenses incurred, –
-
loss of freight, –Page 409
- machinery and boilers, damage to, –
- Non-Separation Clause, , , –
- repairs, deductions in costs of, –
- Rule of Interpretation, –
- Rule Paramount, –
- salvage, –
- ships, damage to, –
- substituted expenses, principle of, –
- temporary repairs, –
- time and place of adjustment, –
- towing or pushing another vessel or vessels, –
- undeclared or wrongfully declared cargo, –
- voluntary stranding, –
- wages and maintenance of crew, –
- wreck, cutting away (Rule IV 1994 Rules), –
- York-Antwerp Rules 2004
- York-Antwerp Rules 2016 Introduction, –
-
York Rules 1864
- damage to cargo in discharging etc,
- incorporation,
- time and place of adjustment,
- uniformity,
- wages and maintenance of crew,
Page 410