Piracy, negotiation period expenses and allowance in general average

• Autores: Samuel Walpole, Aaron Moss
• Localización: Lloyd's maritime and commercial law quarterly, ISSN 0306-2945, Nº. 1, 2018, págs. 34-39
• Idioma: inglés
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• Resumen

  • The Longchamp Over the past decade, the impact of piracy off the coast of Somalia upon maritime commerce and, indeed, maritime law has been keenly felt. In Mitsui & Co Ltd v Beteiligungsgesellschaft LPG Tankerflotte mbH & Co KG (The Longchamp) , 1 the UK Supreme Court answered the commercially important question whether operating expenses incurred whilst negotiating a lower ransom for the release of a hijacked vessel are allowable in general average, so that they are shared proportionately amongst all involved in the maritime adventure. In so doing, the Court was presented with a rare opportunity to clarify the rules of general average. By majority, the Supreme Court held that such expenses are allowable in general average under Rule F of the York-Antwerp Rules (“YAR”). Marking the Court’s first exegesis of Rule F, The Longchamp is a clear