York-Antwerp Rules

Category: Marine · Reviewed by Taylor Watts, Broker · New Business · Last reviewed 2026-06-05

York-Antwerp Rules

The York-Antwerp Rules are the international private code governing the adjustment of general average between interests in a marine adventure, first agreed at York in 1864 and Antwerp in 1877, formally adopted in 1890, and most recently revised by the Comité Maritime International in 2016.

Category: Marine insurance Also known as: YAR, York-Antwerp Rules 1994, York-Antwerp Rules 2016 First codified: York Rules 1864; York-Antwerp Rules 1877; YAR 1890 (first formal version) Related legislation: Marine Insurance Act 1906 [1]; private international code maintained by Comité Maritime International [3]

Definition

The York-Antwerp Rules (‘YAR’) are the principal private code governing general average adjustment in maritime trade. They are not statutory, but a private code adopted by international agreement through the Comité Maritime International (CMI) and incorporated into contracts of carriage (bills of lading and charterparties) by express reference. The Rules establish the substantive principles and detailed mechanics of general average adjustment, supplementing the statutory framework in s.66 of the Marine Insurance Act 1906 and equivalent national statutes [3][4].

The Rules trace their origin to a series of international meetings held in the mid-19th century to harmonise the divergent national approaches to general average. The first meeting was at Glasgow in 1860; subsequent meetings at York in 1864 and Antwerp in 1877 produced agreed texts. The first formal York-Antwerp Rules were agreed in 1890 at a meeting in Liverpool. Subsequent major revisions were issued in 1924, 1950, 1974, 1994, 2004 and 2016, each addressing developments in maritime trade and refining the rules in response to practical and legal experience [3].

The current Rules consist of three parts: a Rule of Interpretation; the lettered Rules A to G, setting out the general principles; and the numbered Rules I to XXIII, addressing specific categories of general average sacrifice and expenditure. The Rule of Interpretation establishes that, in adjustment, the lettered Rules apply except insofar as inconsistent with the numbered Rules, which take precedence in their specific subject-matter [3][4].

Two versions are in widespread current use. YAR 1994 remains the dominant version in many trades. YAR 2016 is the most recent CMI version and is gradually being incorporated into newer bills of lading and charterparties. YAR 2004 was issued but was widely rejected by shipowner interests (principally because of changes to salvage allowances that disadvantaged shipowners) and is now rarely used. YAR 1974 (sometimes amended 1990) remains in some older contracts.

Legal / Regulatory basis

The Rules operate as a private code by contractual incorporation. The standard form bill of lading and charterparty wordings (BIMCO standard forms, INTERCARGO and INTERTANKO wordings, and the standard liner conferences’ bills) include an express reference to the applicable version of the York-Antwerp Rules. The most common reference is to YAR 1994 or YAR 2016, sometimes as ‘as amended’ or ‘or any modification thereof’ [3][4].

The Rules apply by virtue of the contract of carriage. Where the bill of lading provides that general average shall be adjusted according to YAR 1994, the adjustment is prepared on that basis. In the absence of contractual incorporation, the general average adjustment falls back on the applicable national law - for English law, the principles set out in s.66 of the Marine Insurance Act 1906 and the supporting case law [1].

The Comité Maritime International (CMI), based in Antwerp, is the international organisation responsible for maintaining the Rules. Revisions are prepared through CMI International Sub-Committees with input from average adjusters, shipowners, cargo interests, marine insurers and reinsurers, and shipping lawyers. The CMI works closely with the International Union of Marine Insurance (IUMI), the International Group of P&I Clubs and the Association of Average Adjusters. A revised text is presented to a CMI conference for adoption by the member national maritime law associations [3][5].

The lettered Rules A to G state the principles. Rule A defines the general average act: ‘There is a general average act when, and only when, any extraordinary sacrifice or expenditure is intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure’. Rules B to D address contributory values and the determination of who contributes. Rules E to G address the period of computation, the values for contribution and the rules of apportionment [3].

The numbered Rules I to XXIII address specific allowances: jettison (Rule I); damage by water to put out a fire (Rule III); cutting away wreck (Rule IV); voluntary stranding (Rule V); salvage remuneration (Rule VI - significantly revised in YAR 2016); damage to machinery and boilers (Rule VII); expenses at port of refuge (Rule X); wages and maintenance of crew at port of refuge (Rule XI); damage to cargo in discharging (Rule XII); deductions from cost of repairs (Rule XIII); commission and interest (Rules XX-XXI); cash advances (Rule XXII); time bar (Rule XXIII).

How it works in practice

A general average adjustment under the YAR proceeds as follows. The shipowner declares general average and engages an average adjuster. The adjuster collects evidence: ship’s logs, master’s report, repair specifications, surveyor’s reports, port of refuge bills, salvage agreements and awards, and details of cargo at risk. The adjuster identifies allowable items under the lettered and numbered Rules and quantifies them; identifies contributory interests and their contributory values; and apportions the loss between interests in proportion to contributory values [3][4].

The adjustment is a complex document, sometimes running to many pages and prepared over months or years. For container ships with thousands of cargo interests, the adjustment process is particularly demanding, requiring engagement with each cargo interest (or its insurer) for security and contribution.

YAR 2016 introduced significant changes from YAR 1994 in several areas. The treatment of salvage under Rule VI was substantially revised: under YAR 2016, salvage paid by the parties is generally not made the subject of general average adjustment (with limited exceptions), reflecting that salvage is now typically apportioned directly between salved interests at the time of salvage. This reverses a change made in YAR 2004 that had been controversial. The time bar under Rule XXIII was clarified and tightened [3].

Cash deposits and GA bonds remain the standard tools for obtaining security pending adjustment. The cargo insurer’s obligation to provide a GA guarantee on the assured’s behalf is reflected in cl.2 of the Institute Cargo Clauses and equivalent wordings.

Common variations

The current versions in use are YAR 1994, YAR 2016 and, less frequently, YAR 1974. YAR 1994 remains widely used in older bills of lading and in trades that have been slower to adopt the 2016 revision. YAR 2016 is gaining ground in newly issued bills and in BIMCO standard forms updated since 2017. The differences between the versions can have material financial impact, particularly in major casualties involving substantial salvage [3][4].

The choice between versions is a contractual one made in the bill of lading or charterparty. Cargo owners and shipowners need to know which version applies to a particular voyage, as the adjustment will be prepared on that basis. Average adjusters’ computer systems support adjustments under multiple versions.

National laws supplement the YAR. English law applies to GA adjustments where English law is the proper law of the contract of carriage, with the Marine Insurance Act 1906 governing the insurance position. US, German, French, Japanese and Chinese maritime law have their own GA provisions, but in international trade the YAR are almost universally incorporated by contract.

The Association of Average Adjusters in the UK and similar associations in other major maritime nations (notably the United States, Germany, Norway and Japan) maintain professional standards for adjusters. The international organisation is the Association of Average Adjusters International.

Example

A container vessel of approximately 8,000 TEU declares general average following a serious engine room fire that requires firefighting damaging part of the cargo, salvage by tugs, and entry into a port of refuge for repairs and cargo discharge. The bill of lading incorporates YAR 1994. The shipowner engages a UK average adjuster. The adjuster identifies allowable items: firefighting water damage to cargo (Rule III), damage to machinery from firefighting (Rule VII), salvage paid to tugs (Rule VI under YAR 1994 - included in GA, unlike YAR 2016), expenses at the port of refuge including cargo discharge and reloading (Rule X), wages and maintenance during repairs (Rule XI). Total allowances are quantified at approximately $38m. Contributory values (vessel, salved cargo and freight) are quantified at approximately $640m. The GA percentage is therefore approximately 5.9% of contributory values. Each cargo interest’s contribution is calculated and demanded, with security provided through GA bonds and guarantees. The adjustment is finalised approximately 18 months after the casualty. Under YAR 2016, the salvage element would not have been included in the adjustment, leading to a different (smaller) GA percentage but with salvage paid directly to the salvor by each interest.

See also

References

  1. Marine Insurance Act 1906 — https://www.legislation.gov.uk/ukpga/Edw7/6/41
  2. Insurance Act 2015 — https://www.legislation.gov.uk/ukpga/2015/4
  3. Comité Maritime International — https://comitemaritime.org/
  4. International Union of Marine Insurance — https://iumi.com/
  5. Lloyd’s Market Association — https://www.lmalloyds.com/

This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-05. Next review: 2026-12-05.

Apex Insurance Brokers Limited. Authorised and regulated by the Financial Conduct Authority, FRN 724952. Registered in England and Wales, Companies House 07014570. This entry provides general information about UK insurance concepts and is not regulated advice. Consult your insurance broker on your specific position.

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