Few topics in maritime law are as technical, yet as impactful, as determining which version of the York-Antwerp Rules governs General Average. With its judgment in The Star Antares [2023] EWHC 2784, the English Commercial Court has finally settled a long-standing debate, delivering clarity with real operational consequences for shipowners, insurers, and cargo interests.
The Congenbill 1994 interpretation issue
At the heart of the case was the standard Congenbill 1994 wording referring to “York-Antwerp Rules 1994, or any subsequent modification thereof.” The key question was whether later versions, particularly the YAR 2016, could be regarded as “modifications” of the 1994 Rules or whether they constituted an entirely new set of rules.
The parties’ arguments
The carrier argued that only the 1994 Rules applied unless a later version was expressly named, relying on industry commentary describing later Rules as “new”. Cargo insurers countered that the York-Antwerp Rules are designed to evolve with commercial shipping practice and that the wording “any subsequent modification” naturally encompassed later editions.
The Court’s reasoning
The Court adopted a straightforward, language-based approach. It held that there was no difficulty in describing the YAR 2004 or YAR 2016 as modifications of the YAR 1994. They were produced by the same body, pursued the same objectives, and retained much of the same structure, while introducing necessary updates.
Practical implications
The ruling has wide-ranging implications. General Average adjustments currently in progress or recently issued may need to be reassessed under the YAR 2016 rather than the YAR 1994. Crucially, the 2016 Rules introduce a one-year time bar from the publication of the adjustment, subject to a six-year long-stop from the termination of the common maritime adventure.
A clear signal to the market
The Star Antares decision sends a clear message: if parties wish to apply a specific version of the York-Antwerp Rules, they must say so explicitly. Otherwise, Congenbill-style wording will point to the latest applicable Rules.
Final CTA
Has your General Average strategy already adapted to the YAR 2016 framework, or is this decision prompting a contractual rethink?
Source & Reference
Author: Michael Cox
Title: The Star Antares – More Than an Average Decision?
Official link: https://www.steamshipmutual.com/publications/articles/star-antares-more-average-decisionThe Star Antares – More Than An…
#YorkAntwerpRules #GeneralAverage #ShippingLaw #MaritimeLaw #MarineInsurance #RiskAdvisory
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