We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

CHAPTER 35 Rule XXIII: Time Bar for Contributing to General Average

York Antwerp Rules

Page 242 CHAPTER 35 Rule XXIII: Time Bar for Contributing to General Average Rule XXIII: Time Bar for Contributing to General Average (a) Subject always to any mandatory rule on time limitation contained in any applicable law: (i) Any rights to general average contribution including any rights to claim under general average bonds and guarantees, shall be extinguished unless an action is brought by the party claiming such contribution within a period of one year after the date upon which the general average adjustment is issued. However, in no case shall such an action be brought after six years from the date of termination of the common maritime adventure. (ii) These periods may be extended if the parties so agree after the termination of the common maritime adventure. (b) This rule shall not apply as between the parties to the general average and their respective insurers. Time bars under English law Statutory 35.01 Under section 5 of the English Limitation Act, 1980 there is a limitation period of six years for actions founded on “simple contracts”, after which the action will be time barred. This raises the age-old debate whether the origins of general average are contractual or arise by universal usage under the law maritime. However its origins, modern-day law and practice concur that the obligation to contribute in general average is contractual in nature, and time begins to run when the cause of action accrues.

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

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more