Volume III: Private International Law | Chapter 26 (1996): Transport by Sea and Inland Waterways
Completed January 1994
Malcolm Clarke
79. Characterization. – A claim for contribution in general average might be classified as a purely restitutionary claim1 and the appropriate conflicts rule, if one can be found, applied. Currently, a restitutionary claim of this kind is likely to be seen as turning on unjust enrichment2 and questions of law are likely to be governed by the law of the place where the enrichment occurs.3
Mostly, however, general average arises between persons, suc…