York Antwerp Rules

N; Geoffrey Hudson; M; A; and Michael D; Harvey

Document

Page 107

CHAPTER 18 Rule VI: Salvage

(a) Expenditure incurred by the parties to the common maritime adventure in the nature of salvage, whether under contract or otherwise, shall be allowed in general average provided that the salvage operations were carried out for the purpose of preserving from peril the property involved in the common maritime adventure and subject to the provisions of paragraphs (b), (c) and (d).
(b) Notwithstanding (a) above, where the parties to the common maritime adventure have separate contractual or legal liability to salvors, salvage shall only be allowed should any of the following arise:
- (i) there is a subsequent accident or other circumstances resulting in loss or damage to property during the voyage that results in significant differences between salved and contributory values;
- (ii) there are significant general average sacrifices;
- (iii) salved values are manifestly incorrect and there is a significantly incorrect apportionment of salvage expenses;
- (iv) any of the parties to the salvage has paid a significant proportion of salvage due from another party;
- (v) a significant proportion of the parties have satisfied the salvage claim on substantially different terms, no regard being had to interest, currency correction or legal costs of either the salvor or the contributing interest.
(c) Salvage expenditures referred to in paragraph (a) above shall include any salvage remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment such as is referred to in Article 13 paragraph 1(b) of the International Convention on Salvage, 1989 have been taken into account.
(d) Special compensation payable to a salvor by the shipowner under Article 14 of the International Convention on Salvage, 1989 to the extent specified in paragraph 4 of that Article or under any other provision similar in substance (such as SCOPIC) shall not be allowed in general average and shall not be considered a salvage expenditure as referred to in paragraph (a) of this Rule.

Evolution

18.01 This Rule was introduced in 1974 in place of an obsolete rule regarding loss or damage to sails. The object was to ensure that payments made by the parties to the adventure on account of salvage would be allowed as general average, and apportioned as such over the values obtaining at the termination of the adventure whenever the salvage

Page 108

services were undertaken for the common safety. This was indeed in accordance with the law and practice in virtually all the countries of continental Europe and also in the United States of America, but English law was different, as is explained in more detail in the commentary below, and it was precisely because English law and practice was so much out of line with that which obtained in the rest of the world that, once again, the York-Antwerp Rules were used as the vehicle for achieving uniformity. 18.02 The text agreed by the Hamburg Conference was as follows:

Salvage remuneration

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.