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General Average: York-Antwerp Rules 2016

23 May 2016

BIMCO documents currently contain general average clauses that refer either to the York-Antwerp Rules (YAR) 1994 or, to a lesser extent, the YAR 1974. BIMCO’s recommendation in respect of new and revised charter parties, bills of lading and waybills has so far been that general average should be adjusted in accordance with the YAR 1994. A new set of YAR 2016 was adopted by the Assembly of the Comité Maritime International (CMI) at its 42nd International Conference held from 3rd to 6th May 2016 in New York. As the YAR 2016 are considered to represent a set of Rules that BIMCO could refer to in its standard documents, BIMCO’s Documentary Committee decided, at its meeting on 10th May 2016, that all new and revised BIMCO charter parties, bills of lading and waybills will now refer to general average being adjusted in accordance with the York-Antwerp Rules 2016. References to earlier versions of the YAR in existing BIMCO documents will gradually be replaced by a reference to the YAR 2016 in the online versions of these documents.

General Average Absorption Clause 2018

04 July 2017

The BIMCO Standard General Average Absorption Clause, for use in marine insurance policies, was updated in 2017 to give effect to the revised York-Antwerp Rules 2016. Further modifications have now been made to streamline the basis for determining insurers’ payments.  Details are set out below together with advice on adapting the clause where the underlying marine insurance policy covers more than one vessel. The 2018 clause should be used in place of the 2017 provision. The original 2002 version of the Clause, based on the York-Antwerp Rules 1994, should no longer be used.

Nick Barber

24 October 2018

Nick is Partner at Stephenson Harwood. Nick specialises in disputes arising from casualties and has extensive experience of handling the “front end” investigation, both from the office and on site. In particular, Nick handles claims following collisions, explosions and fires, groundings, salvage and general average, coverage advice and charterparty disputes.

Chris Garley

26 July 2019

Chris joined HFW in 2008 and, after training for a period in Hong Kong, qualified into HFW’s London Shipping Litigation team in 2010, advising on both “wet” and “dry” disputes. His primary focus is on issues arising from marine casualties including collisions, fires and groundings. In recent years, Chris has been heavily involved in a number of high profile containership casualties arising from carriage of declared and undeclared dangerous goods. In doing so, he has acted for Owners and also for Charterers advising on all aspects of the casualty response including issues including of limitation of liability, jurisdiction, salvage and general average as well as the underlying liabilities, both in tort and related contracts of carriage/VSA/slot charter arrangements, including unseaworthiness and unsafe port claims. In 2016 Chris increased his “dry” experience by completing a secondment to the legal department of a major German power company based in the UK, advising the freight trading and chartering operations desks. During that period he advised on a range of issues from the initial chartering process, through to speed and performance claims, bill of lading disputes, sales contracts, letters of indemnity, and off-spec cargo claims. Christopher is qualified in England and Wales.

Nicholas Kazaz

01 March 2019

Nicholas Kazaz is an Associate at HFW, where he focuses on international commercial dispute resolution, specialising in offshore oil & gas, energy, and marine. Nicholas handles disputes arising from installation contracts, charter parties, bills of lading, shipbuilding, rig disputes, towage, collisions, salvage, general average, groundings, total loss, and limitation. Among others, he acts for and advises shipowners, charterers, energy companies, contractors, shipyards, ship managers, and P&I Clubs. Nicholas has particular experience of drafting and negotiating a range of contracts in the shipping and offshore sectors, including BIMCO SUPPLYTIME, TOWCON and BARGEHIRE and other standard contracts, as well as bespoke OSV vessel charter parties. Since joining HFW, Nicholas has undertaken secondments in Australia (to HFW's Perth Office with a focus on the Offshore / Oil & Gas / Commodities sectors), to the in-house legal team of a major international tanker owner, to two International Group P&I Clubs / Insurers, and a leading insurance broker. Nicholas is qualified in England and Wales.

Paul Dean

25 September 2019

Paul is Global Head of Shipping managing 200 specialist shipping lawyers across our worldwide network of 20 offices. Paul specialises in offshore and marine, focusing mainly on charterparties, bills of lading, shipbuilding, rig disputes, collisions, fire and explosion, salvage, general average, groundings, total loss, towage, seismic and limitation. He regularly speaks at and chairs offshore vessel conferences and is on the BIMCO panel for their “Using SUPPLYTIME” course, the review committee for the SUPPLYTIME 2005 revision and on the drafting committee for BIMCO's new standard form Offshore Dismantling Services Agreement. Experience gained working for an International Group P&I club specialising in offshore vessels, enables Paul to combine practical understanding with the legal role and he is identified in the Legal Directories as one of the leading individuals in his fields. Paul was mentioned in the most recent edition of “The Law Of Tug and Tow and Offshore Contracts” by Simon Rainey Q.C. – “It remains only for me to thank those who have played a role in this third edition...Paul Dean of HFW, one of the leading and busiest practitioners in the field of offshore contracts and with whom I have had the good fortune to work on some of the knottier problems of the various BIMCO forms, who very kindly read through and commented upon Chapters 4 and 5 on the “TOWCON”, “TOWHIRE” and “SUPPLYTIME” forms and gave me the benefit of his great experience and sagacity...” Paul is qualified in England and Wales and was admitted as a solicitor in 1991.

Jean Koh

07 March 2019

Jean is a partner at HFW in London and specialises in shipping litigation, focusing on contractual shipping disputes including charter parties, bills of lading, cargo claims, commodities/trade disputes, ship sale and purchase disputes, bunker disputes and shipbuilding disputes. She represents owners, charterers, shipyards and their insurers based internationally but has a geographical focus on the Japanese market, having worked in Tokyo for 6 months there. On the casualty side, Jean also handles wet shipping disputes, in particular fire and explosions on container vessels due to undeclared dangerous cargoes and/or engine explosions, groundings on reef, unsafe port disputes, crane collapses, damage caused by sulphur cargo, liquefaction of cargo and general average incidents. Jean has worked at the HFW in Shanghai and Pireaus.

HEAVYCONBILL 2016

20 September 2016

The HEAVYCONBILL is a charter party bill of lading for shipments of heavy and voluminous cargoes under the HEAVYCON charter party. The latest edition of this bill of lading is HEAVYCONBILL 2016. This amended edition incorporates the International Group of P&I Clubs/BIMCO Himalaya Clause for Bills of Lading and other contracts 2014, an updated layout and signature box, and a reference to the York-Antwerp Rules 2016 in respect of the Rules according to which General Average should be adjusted. Copyright in HEAVYCONBILL 2016 is held by BIMCO.