The adjustment of general average is governed by the rules agreed by the parties to it. 共同海损理算,适用当事人约定的理算规则。
In the adjustment of general average the following lettered and numbered Rules shall apply to the exclusion of any law and Practice inconsistent therewith. 共同海损理算,适用下列字母规则和数字规则,凡与这些规则相抵触的法律和惯例都不适用。
Adjustment of claims for general average 共同海损赔偿要求的理算
Notwithstanding the process of adjustment that begins without reference to the source and nature of the perils which necessitate a general average act, whether the contribution in general average comes true will undoubtedly be affected by these questions, especially that of the carrier negligence. 尽管共同海损的成立与理算,不考虑引起共同海损行为危险的来源和性质,但共同海损分摊的实现无疑会受到它们的影响,尤其是承运人的过失。
And therefore concludes as follows: a. The establishment of general average and the general average contribution are two independent issues, the negligence does not affect the establishment and adjustment of general average. 并得出以下结论:1.共同海损成立与分摊是两个独立的问题,过失不影响共同海损的成立与理算。