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It’s all in the wording

Maritime Risk International

It’s all in the wording

Benjamin Coffer, of Quadrant Chambers, reviews a recent case considering general average guarantees and the actionable fault defence

In a judgment handed down recently following a hearing on a preliminary issue, the UK’s Commercial Court has held that the “actionable fault” defence under Rule D of the York Antwerp Rules is available to the issuer of a general average (GA) guarantee in the standard AAA/ILU form.

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