Skuld保赔协会建议会员在订立租船合同和提单条款时，明确选择一套共同海损规则，并明确排除另一套共同海损规则，以避免产生纠纷和丧失时效的风险。
共同海损的基本原则是，为维护船舶和货物的共同安全，而做出的某些特殊牺牲或支出的额外费用，其损失应由各利益方共同按比例分摊。
在共同海损分摊制度下，船长纯粹从航行安全的角度考虑，先牺牲谁的财产不重要，重要的是所做的财产牺牲是有意地且有效地，以最低成本使整船获救，船长在利益和职责之间没有丝毫思想斗争，从而最大限度地保护海上人命和财产安全。
详细信息请参阅附件。
General Average under the York Antwerp Rules 1994 and 2004
The Association has advised the Members to have charterparty and bill of lading clauses expressly chosen one set of general average rules to the express exclusion of the other, in order to avoid risks of disputes as well as missing time bars.
The basic rule of General Average is that all loss which arises in consequence of extraordinary sacrifices made or expenses incurred for the preservation of the ship and cargo losses must be borne proportionately by all who are interested.
The rule of a general contribution, by rendering it immaterial whose property is taken in the first instance and material only that that should be taken which will most surely and effectually, and at least cost, save the whole, does away with any conflict in the captain’s mind between interest and duty, leaves him alone with purely nautical considerations, and thus, no doubt, brings mass effect for the preservation of life and property at sea.
See attached file: ALCO20140019 General Average under the York Antwerp Rules 1994 and 2004.pdf
