Jettison cargo5/1/2023 General average arose to help spread this loss, Pribyl said. Cargo would occasionally need to be thrown overboard in emergency situations to lighten loads and save the ship. General average is an old concept dating back hundreds of years that has evolved over time with the shipping industry. "It's this idea of equitable sharing between a shipowner and cargo interest of certain losses, and that includes expenses that occurred during the voyage," Pribyl said. Sharing the cost of major expenses is at the heart of what a general average declaration means for shippers, according to Sean Pribyl, a senior counsel at Holland & Knight who focuses on maritime law. Pribyl is not involved in the Ever Given case and spoke broadly about general average. "No two cases are the same," Spencer said. "But this is, I'm pretty sure, the largest general average case that has ever arisen in terms of the number of different property interests." Determining the payment The size of the Ever Given and the number of cargo owners involved means the general average process will likely be lengthy and complicated, according to Jonathan Spencer, an average adjuster at The Spencer Company, which is not involved in the case. But the declaration of a general average by Shoei-Kisen, the ship's owner, means that shippers will be required "to share the relevant expenses incurred in ship rescue," the Evergreen spokesperson explained. Egypt did not say who would be responsible for paying the $1 billion in damages.
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