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Season 2 - Episode 7: General Average (a deeper dive)
General Average, York Antwerp Rules, and Why the Jason Still Matters
General Average is one of the oldest principles in maritime law — and one of the least understood until something goes wrong.
In this episode of The Shipping Lawyer, we take a deep dive into how General Average actually works in practice, why the York Antwerp Rules matter more than many realise, and how a century-old U.S. Supreme Court case involving the vessel Jason still shapes modern shipping contracts.
This episode connects the dots between General Average, the York Antwerp Rules, the New Jason Clause, and both-to-blame collision, showing how these concepts operate together as a coherent risk-allocation system — not isolated bits of legal boilerplate.
What General Average is, when it applies, and why fault doesn’t matter (at least initially)
What happens after a General Average declaration, including security demands and the role of the average adjuster
How the York Antwerp Rules standardise General Average — and why the version incorporated into your contract matters
Key differences between the 1950 and 2016 York Antwerp Rules, including crew wages, salvage, environmental costs, and interest
The real-world origin of the New Jason Clause, named after the vessel Jason
How the New Jason Clause separates negligence from General Average contribution
Why both-to-blame collision clauses exist, and how they prevent circular and commercially unworkable outcomes
How these clauses appear in BIMCO-style charterparties and bills of lading, and why they stop being “boilerplate” the moment there’s a casualty
General Average, the York Antwerp Rules, the New Jason Clause, and both-to-blame collision clauses are not relics of maritime history. They are practical tools that quietly determine who pays, how much, and in what order when things go wrong at sea.
If you’ve ever dealt with a fire, grounding, collision, or salvage operation — or you advise people who do — this episode explains why the contract wording often matters more than fault.
This episode is proudly brought to you by Cusack & Co Academy
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By Alison CusackGeneral Average, York Antwerp Rules, and Why the Jason Still Matters
General Average is one of the oldest principles in maritime law — and one of the least understood until something goes wrong.
In this episode of The Shipping Lawyer, we take a deep dive into how General Average actually works in practice, why the York Antwerp Rules matter more than many realise, and how a century-old U.S. Supreme Court case involving the vessel Jason still shapes modern shipping contracts.
This episode connects the dots between General Average, the York Antwerp Rules, the New Jason Clause, and both-to-blame collision, showing how these concepts operate together as a coherent risk-allocation system — not isolated bits of legal boilerplate.
What General Average is, when it applies, and why fault doesn’t matter (at least initially)
What happens after a General Average declaration, including security demands and the role of the average adjuster
How the York Antwerp Rules standardise General Average — and why the version incorporated into your contract matters
Key differences between the 1950 and 2016 York Antwerp Rules, including crew wages, salvage, environmental costs, and interest
The real-world origin of the New Jason Clause, named after the vessel Jason
How the New Jason Clause separates negligence from General Average contribution
Why both-to-blame collision clauses exist, and how they prevent circular and commercially unworkable outcomes
How these clauses appear in BIMCO-style charterparties and bills of lading, and why they stop being “boilerplate” the moment there’s a casualty
General Average, the York Antwerp Rules, the New Jason Clause, and both-to-blame collision clauses are not relics of maritime history. They are practical tools that quietly determine who pays, how much, and in what order when things go wrong at sea.
If you’ve ever dealt with a fire, grounding, collision, or salvage operation — or you advise people who do — this episode explains why the contract wording often matters more than fault.
This episode is proudly brought to you by Cusack & Co Academy