9 December 1998

General Average - Charterparty Clause (5.265)

Download circular (PDF, 6.5 KB)

London P&I explains how charterparty clauses can affect the treatment of pollution costs in general average, and sets out the position on clauses that attempt to override York Antwerp Rules 1994.

The circular confirms that further attempts to erode the York Antwerp Rules 1994 position by contract should be resisted. It also notes that additional risks arising from the use of such clauses will be excluded from the Pooling Agreement from 20 February 1999, and from normal Club cover from the same date, subject to rule changes being adopted.