“General Average and York-Antwerp Rules & Salvage and Lloyd’s Open Form” 1 Day Course (25 Nov)

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Lecture & Workshop on

MATF-funded courses on the “pre-approved” list (maritime-related) under ProTERS
CPD: Pending accreditation from the Law Society of Hong Kong

General Average and York-Antwerp Rules & Salvage and Lloyd’s Open Form
Date: Saturday, 25th November 2023
Time: Hong Kong Time
Registration from 09:00
Morning Session 09:30 – 12:45 (including 15-min. break)
Afternoon Session 14:15 – 17:30 (including 15-min. break)
Lunch 12:45 – 14:15 (Sponsored by CTX Special Risks for participants attending in person)
Venue: Option to attend online by Zoom or in-person:
Conference Room, Holman Fenwick Willan, 15th Floor, Tower One, Lippo Centre, 89 Queensway, Admiralty, Hong Kong

Supporting Organisations
CY TUNG International Centre for Maritime Studies
Hong Kong Shipping Circles Association
Ince & Co, Hong Kong
Institute of Chartered Shipbrokers, HK Branch

Aim: This is a one (1) day Course in a series of four being organized by the Institute of Seatransport [IoS] and Asia Maritime Adjusting [AMAdj], to provide a masterclass on the practical application of the principles of marine insurance in handling, adjusting and settling claims, with a view toachieving the objectives of speed, economy, accuracy of settlement, and indeed a satisfied Insurer (and Reinsurer) and Assured. This Course should particularly appeal to claims executives working in offices of ship-owners, ship-managers, insurance companies, insurance brokers etc., as well as maritime claims service providers like surveyors, lawyers and adjusters and also for any practitioners in the maritime industry who may be interested in and/or wish to enrich their knowledge in insurance claims.

Main Features of the Syllabus
To set the scene and provide the basic ground work on Salvage under LOF (Lloyd’s Open Form) and General Average per YAR (York-Antwerp Rules) – to explore the main principles of the method of allocation and spreading the costs of dealing with a maritime casualty among those parties who benefit by ship and cargo being saved.

• A resume of the concept of Salvage and development in relation to environmental concerns; distinctions:
o Salvage – no cure no pay; several liability
o Contracts for salvage services
o Special Compensation and SCOPIC
• LOF 2020 and where a claim for salvage arises … security, evidence collection, negotiations / arbitration, and settlement – Rule VI of the YAR
• Understand the fundamental principles and essential features of General Average
o Recognizing General Average – conditions need to be present
o What are the contributing interests and their respective contributory values
o Losses allowable: Sacrifices, Expenditures, Substituted Expenses
o Security for payment of General Average
o Defences to payment of General Average under Rule D of YAR
• Introduce York-Antwerp Rules; note differences between YAR 1974, as amended 1990 / YAR 1994 / YAR 2016 –reviewing recent leading legal decisions on GA allowances
• Pre-casualty activities
o H&M Policy – GA Absorption Clause
o Contract of Carriage – Which set of YAR would ship-owners prefer?
o Place of Adjustment – to support Hong Kong as an international adjusting centre?
• Post casualty activities using a case study with Qs & As
• Discuss some issues arising (with figured examples where necessary), including:
o Salvage and GA security on container ships
o Environmental damage, oil pollution
o Substituted expenses
o Insurances on subsidiary interests, in particular, insurance on Average Disbursements
o Abandonment of voyage
o Non-Separation Agreement – Rule G of York-Antwerp Rules (since 1994) “General Average & Salvage”
o Ballast General Average
o Time Bar
o Recovery from third party
o Role of Surveyor acting in the general interests
o Role of Average Adjusters
• Practical example of GA adjustment – followed by workshop discussing the complexities when calculating the GA adjustment
• Indemnity against H&M Insurers and claim on the Excess Liabilities Insurance (for unrecovered GA/Salvage by reason of under-insurance)
• Cargo’s perspective – response to General Average
• Claim on P&I – unrecovered Cargo’s proportion of GA by reason of breach of contract

Morning session: An Overview – Principles and Practice
Afternoon session: Workshop – Adjustment and Case Study (Casualty Management)

o Raymond T C Wong (Course leader), Average Adjuster, Emeritus Chairman of the IoS, Principal of Asia Maritime Adjusting (Hong Kong).
o William Lai, Average Adjuster, Assistant General Manager of Charles Taylor
Adjusting / Richards Hogg Lindley; currently on the IoS Executive Committee.
Guest Instructor
o George Lamplough, a Holman Fenwick Willan Admiralty & Crisis management partner, specialising in collisions, salvage, total loss, wreck removal, groundings, fires, kidnap for random and piracy.

Experienced practitioners of the maritime industry will be invited to share their experience in the case study and discussion sessions, including the following IoS professional members:
o Rocky Siu, Master Mariner, HK Senior Pilot, with Master Degree of Maritime Law (CityU), and an Associate of Association of Average Adjusters; currently on the IoS Executive Committee.
o Wong Cho Hor, Director of Five Oceans Maritime Ltd.; a Logistics & Projects Consultant with a range of maritime practice experience.
o Eric Wu, Director, Head of Underwriting Eastern Syndicate, Steamship Mutual Management (Hong Kong) Ltd.; with over 18-year experience in P&I claims and underwriting after adjusting averages for some 10 years.

Medium of Instruction:
English (but questions during the class can be made in English, Cantonese or Putonghua)
Fees: By Registration:
HK$1,500 per person
For Members of the IoS: HK$800 per person (Students, admission free)
For Overseas attendees: HK$800 or US$100 or RMB700 per person
By Invitation: Complimentary
The fee includes attendance, online or in-person, and e-documentation; lunch for in-person participants will be free of charge. Payment receipt will be issued to each paid participant.
The Course fees collected will be donated to the Education Fund of the Institute of Seatransport.
Award: Participants who achieve the 6-hour attendance will be awarded a Certificate of Attendance.
[MATF Refund (80%) is available for eligible participants.]
[Applying for CPD points by the Law Society of Hong Kong – to be confirmed.]

Application Procedure:
• Please complete the Enrolment Form
• Then, please email the completed form to: info@seatransport.org
followed by post with payment, upon receipt of which we will send you confirmation by email
• Reservation will be accepted on a first come – first served basis (seats for in-person attendance being limited)
• The course fee will not be refundable
Enquiries: Ms. Clair Wong – T: 2581 0003 E: info@seatransport.org

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