Marine General Average in the York-Antwerp Rules 2009, and the Laws of Iran, Egypt, and England

Abstract

One of the significant topics in maritime law is the discussion of general average, which remains a subject of debate and disagreement. Accordingly, the aim of this article is to examine the concept of marine general average under the laws of Iran, Egypt, and England. This analytical-descriptive study utilizes library-based research methods to explore the issue. The findings indicate that the approach of English law is most aligned with the York-Antwerp Rules 2009. According to these rules, general average is only recognized when the sacrifice is made reasonably and for the common safety to preserve property in a joint maritime adventure. In Egyptian law, general average is defined as any extraordinary expense incurred to prevent an imminent danger and done in a reasonable manner, such as threats to the ship’s cargo or the vessel itself; anything beyond these is considered a particular average. This approach closely resembles the York-Antwerp Rules. In Iranian law, the Iranian Maritime Code stipulates that adjustments to general average are subject to specific contracts, or in the absence of such contracts, to a regulation approved based on international rules and customs. However, such a regulation has not yet been adopted. In practice, however, all shipping contracts and bills of lading in Iran currently include a clause for dispute resolution based on the York-Antwerp Rules.