Definition

 

 

General Average (GA) is a fundamental principle of maritime law stating that when an extraordinary sacrifice or expense is intentionally incurred to preserve the vessel and cargo from peril, all parties who benefit from that preservation must contribute proportionally to the resulting loss. This concept is ancient and codified internationally, ensuring the common good of the maritime venture is protected through shared financial responsibility.

 

Core Situations and Process

 

GA situations arise only when an emergency necessitates the preservation of the ship or cargo. Common scenarios include:

 

• Jettisoning cargo to refloat a stranded vessel or maintain stability.

• Costs associated with tug assistance or salvage operations after a breakdown.

• Damage incurred to the vessel or cargo specifically to extinguish a fire.

 

To finalize the required contributions, a General Average Adjustment is conducted by a specialist GA adjuster. This complex process determines:

 

• The total value of the sacrifices and expenses incurred (the GA fund).

• The contributory value of all salvaged interests (the vessel, freight, and individual cargoes).

• The final proportional share required from each interested party.

 

Expert Advice and Risk Management

 

GA is a complex legal concept typically governed by international maritime law, notably the York-Antwerp Rules. Crucially, standard cargo insurance policies often do not immediately cover the liability to contribute to GA, meaning cargo owners must often provide security before their goods are released.

 

Logistics professionals and cargo owners should take the following steps to mitigate exposure:

 

• Confirm whether existing cargo insurance includes coverage for GA contributions.

• If GA is declared, quickly provide the required security, usually a General Average Guarantee or Bond, to avoid delays in receiving cargo.

• Consult legal counsel immediately if notified of a GA declaration, as delays can increase costs.

 

Key Takeaways

 

• GA shifts the financial burden of saving the voyage from the vessel owner to all benefiting parties.

• The resulting contribution is based on the insured or commercial value of the cargo/vessel saved.

• Failing to provide a GA guarantee or bond will prevent the release of cargo, regardless of its condition.

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