GENERAL AVERAGE―History and Expectation of York-Antwerp Rules “YAR” 1 April 2014 Nobuhiro Nishida, Attorney at law of Yoshida & Partners 1. INTRODUCTION There is nothing better than maritime accidents being avoided. However, it is extremely diffi cult to avoid any and all occurrences of maritime accidents. Therefore, the establishment of rules for maritime accidents is fairly important. The writer explains the basic rules and expectations of general average which is used around the world to assist with maritime accidents. 2. BIG PICTURE OF GENERAL AVERAGE Once a cargo vessel sailed from a port, the vessel and the cargo would share the same fate with each other. As a result, when they encountered maritime accidents during the voyage, they would both be at risk. For example, when the cargo-loaded vessel grounds, both of the vessel and the cargo simultaneously encounter the maritime accident, and if they are left without any help, there is a risk that they will be in total loss. However, in this grounding case, if a part of cargo is transferred to another vessel, both of the vessel and the left cargos may as a result be in safe condition by getting away from the grounding situation. When any extraordinary sacrifi ce or expenditure is intentionally and reasonably made for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure, such sacrifices and expenditures shall be borne by the different contributing interests on the basis of their values at the time of being safe. Any such extraordinary sacrifi ce or expenditure which is intentionally and reasonably made for the common safety for the purpose of preserving from peril shall be called a general average sacrifi ce and expenditure. The general average sacrifices and expenditures are distinguished from the particular accident which is the cause of the general average. “The time of being safe” is defi ned as “the time and place when and where the adventure ends”