General Average – “York Antwerp Rules (YAR) 2016” adopted by the Comite Maritime International (CMI) 28 July 2016 No.16-012 Download PDF (199KB) Following four years of consultation and an extensive review by a CMI International Working Group (“IWG”), the YAR 2016 were adopted by the CMI Assembly at its conference in New York in early May.   The adoption of the YAR 2016 brings to an end 12 years of uncertainty, for shipowners and Marine insurers, which followed the adoption of the YAR 2004, which did not have the support of shipowners, and which were very rarely used in preference to the well-established and well understood YAR1994. The development and finalisation of the YAR 2016 is the product of an extensive review undertaken by the IWG, with input from the International Group, international average adjusting community, National Maritime Law Associations, the International Chamber of Shipping, BIMCO and IUMI amongst others.   The most contentious areas of the YAR 2004 have been satisfactorily addressed in the YAR 2016, notably in relation to;   the treatment for adjusting purposes of salvage remuneration (Rule VI) where, in contrast to the YAR 2004, salvage will remain allowable in General Average, albeit subject to the adjuster’s discretion that any of the criteria identified in Rule VI (b) (i)-(v) are satisfied (in essence, where the inclusion would make a significant financial difference);   expenses (Rule X) at ports of refuge, where the YAR 1994 wording has been retained crew wages (Rule XI) at ports of refuge, where the YAR 1994 wording has been retained with some additional clarification in relation to the application of the provisions;   the treatment of temporary repairs (Rule XIV), where the YAR 1994 wording permitting the inclusion for adjustment purposes of the cost of temporary repairs carried out at a port of refuge and to enable the safe completion of the common maritime adventure has been retained;   the exclusion of