Ever forward owner2/1/2024 ![]() General average claims must be submitted by the vessel owner’s underwriters in writing to the general average adjuster within 12 months from the date of termination of the venture. After the declaration is made, the vessel owner operates as a trustee of the general average fund, and the adjustment of the general average claims is determined pursuant to the York Antwerp Rules, which is carried out by an appointed general average adjuster. After a declaration for general average is made, the right of a party’s interest in the proceeds of the general average fund accrues and becomes enforceable once the voyage is complete, which is when the vessel arrives at its port of destination or calls upon a port of refuge. The vessel owner may declare general average at any time after the vessel experiences extraordinary expenditures to save the vessel, the crew, or the cargo from peril, including expenses of common safety to complete the voyage, which would include ports of refuge costs, port dues, salvage, maintenance, and emergency repairs. Importantly, carriers can declare general average even where their own negligent navigational errors give rise to the circumstances that triggered the loss, as was the case with both the Ever Given and the Ever Forward. ![]() Under such circumstances, if the vessel is damaged or some cargo is lost or jettisoned, the loss or damage must be shared by all of the parties involved in the voyage in proportion to the value of each party’s interest. For a particular occurrence to constitute a general average loss, the following elements must exist: (1) a common danger to the ship, the cargo, or the crew, which is imminent and apparently inevitable unless there is a voluntary loss of some cargo to save the remainder of the cargo (2) a voluntary jettison or casting away of part or all of the cargo to avoid the imminent peril to the vessel and (3) any attempt to avoid the imminent peril of the vessel must be rendered successful. The York Antwerp Rules set forth the rights and obligations of both vessel owners and cargo owners when any extraordinary sacrifice or expenditure is intentionally and reasonably made to preserve from peril the vessel, the crew, or the cargo involved in a common maritime venture.
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