In the case of Star Axe I LLC vs. Royal and Sun Alliance Luxembourg S.A. & Others, the Commercial Court has resolved a long-debated issue regarding the applicable version of the York-Antwerp Rules (YAR) under the standard Congenbill 1994 form. The court ruled that the General Average (GA) adjustment in this case should be conducted under YAR 2016, not YAR 1994. The dispute arose after the claimant's vessel sustained damage, leading to a disagreement between the parties on whether their rights and obligations related to GA were governed by YAR 1994 or YAR 2016. The court favored the defendants' argument, considering clause (3) of Congenbill 1994 as an 'inbuilt updating mechanism' and interpreting "any subsequent modification" to include new versions of YAR. The decision sheds light on the application of YAR in maritime contracts.

SOURCE: GOOGLE