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Analysis of Several Revisions of GENCON 2022

Received: 30 October 2023     Accepted: 15 November 2023     Published: 24 November 2023
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Abstract

The changes in the shipping market have made GENCON 1994, the most widely used voyage charter party, no longer able to meet the balance of rights and obligations between the contracting parties, and also unable to provide sufficient guidance and assistance for businesses which are unfamiliar with British law to avoid legal risks. Therefore, BIMCO has developed GENCON2022 to meet industry needs, but the practical application of GENCON2022 needs to be based on the analysis of changes in GENCON 2022. This article selects clause 1, clause 2, clause 3, as well as the freight clause and strike clause, that have been modified in GENCON 2022, and compares them with the relevant clauses of GENCON 1994 to analyze the consequences of the changes in GENCON 2022 clauses and the new relationship between the rights and obligations of shipowners and charterers behind them, in order to provide some suggestions for the practical use of GENCON 2022. Specifically, clause 1 of GENCON 2022 sets a precedent for shipowners to avoid the confirmation of the Pacific Voyager case; clause 2 sets a new balance between the rights and obligations of shipowners and charterers; The freight clause cancels the payment method of prepaid freight; The strike clause simplifies the rights and obligations of both parties during a strike, provides more economic compensation to shipowners, and reserves the right to use the ship for the charterer in extreme situations where the strike lasts for an unreasonably long time. In conclusion, GENCON 2022 makes up the shortcomings of GENCON 1994, while maintaining the tendency of protecting shipowners’ rights. Shipowners and charterers should pay attention to the changes in the terms of GENCON 2022 in order to avoid disputes.

Published in International Journal of Law and Society (Volume 6, Issue 4)
DOI 10.11648/j.ijls.20230604.12
Page(s) 262-267
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Voyage Charter Party, GENCON 2022, GENCON 1994, Format Contract

References
[1] Bailey, J. (2019, January). The Approach Voyage Revisited. Retrieved from https://www.steamshipmutual.com/publications/articles/approach-voyage-revisited012019
[2] Barden, H. (2018, December). Double Trouble for Owners - a Cancelled Charter and a Damages Claim. Retrieved from https://www.nepia.com/articles/double-trouble-for-owners-%c2%96-a-cancelled-charter-and-a-damages-claim/?lang=en
[3] BIMCO. (2022, October). GENCON 2022. Retrieved from https://www.bimco.org/contracts-and-clauses/bimco-contracts/gencon-2022
[4] Chen, Y. M. (2022). Jinkang 2022 de yingyong ji shiwu [GENCON 2022: Its Application and Practice]. Maritime China (12), 64-69.
[5] Chu, B. P. & Qiu, J. Y. (2022). Jinkang 2022 xiuding neirong jiqi shijian yingxiang [GENCON 2022: Its Revisions and Practical Implications]. Maritime China (12), 38-42+44-50.
[6] CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd [2018] EWCA Civ 2413. Retrieved from http://www.bailii.org/ew/cases/EWCA/Civ/2018/2413.html
[7] Lin, H. P. (2022). Qinlizhe jiedu jinking 2022 biaozhun hetong de xiuding lichen ji neirong [Participants Interpret the Revision Process and Contents of GENCON 2022]. Maritime China (12), 52-56+58-63.
[8] Louis Dreyfus & CIE. v. Parnaso CIA. Naviera, S. A. (The “Dominator”) [1959] 1 Lloyd's Rep. 125.
[9] MONROE BROTHERS, LTD. v. RYAN. (1935) 51 Lloyd’s Rep. 179.
[10] Rabeux, J. (2023, July). The New GENCON 2022 Charterparty. Retrieved from https://www.westpandi.com/news-and-resources/news/july-2023/the-new-gencon-2022-charterparty/
[11] Weale, J. (2022, December). An introduction to Gencon 2022. Retrieved from https://www.i-law.com/ilaw/doc/view.htm?id=431663
[12] Zheng, R. (2018, November). Hangci zuyue xia, chuzuren yingzai heshi kaishi lvxing yuebeihangci? [Under a voyage charter party, when should the chaterer start performing the preliminary voyage?]. Retrieved form https://www.sohu.com/a/274341899_173888
[13] Zhang, M. Y, & Su, X. H. (1996). Jinkang 1994 nian hetongge geshi de bijiao yanjiu [A Comparative Study of Contract Forms of GENCON 1994]. World Shipping (02), 32-35
[14] Zhu, R. H. (2004). Jinkang hetong de ruogan wenti yanjiu [Research on Several Issues of GENCON]. Master’s thesis. School of Law, Shanghai Maritime University.
[15] Источник. (2023, February). GENCON 2022 – A SIGNIFICANT RE-WRITE. Retrieved from https://blog.interlegal.com.ua/gencon-2022-a-significant-re-write
Cite This Article
  • APA Style

    Zhenlin, C., Yizhen, Z., Chaoyang, Y. (2023). Analysis of Several Revisions of GENCON 2022. International Journal of Law and Society, 6(4), 262-267. https://doi.org/10.11648/j.ijls.20230604.12

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    ACS Style

    Zhenlin, C.; Yizhen, Z.; Chaoyang, Y. Analysis of Several Revisions of GENCON 2022. Int. J. Law Soc. 2023, 6(4), 262-267. doi: 10.11648/j.ijls.20230604.12

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    AMA Style

    Zhenlin C, Yizhen Z, Chaoyang Y. Analysis of Several Revisions of GENCON 2022. Int J Law Soc. 2023;6(4):262-267. doi: 10.11648/j.ijls.20230604.12

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  • @article{10.11648/j.ijls.20230604.12,
      author = {Cheng Zhenlin and Zhang Yizhen and Yang Chaoyang},
      title = {Analysis of Several Revisions of GENCON 2022},
      journal = {International Journal of Law and Society},
      volume = {6},
      number = {4},
      pages = {262-267},
      doi = {10.11648/j.ijls.20230604.12},
      url = {https://doi.org/10.11648/j.ijls.20230604.12},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20230604.12},
      abstract = {The changes in the shipping market have made GENCON 1994, the most widely used voyage charter party, no longer able to meet the balance of rights and obligations between the contracting parties, and also unable to provide sufficient guidance and assistance for businesses which are unfamiliar with British law to avoid legal risks. Therefore, BIMCO has developed GENCON2022 to meet industry needs, but the practical application of GENCON2022 needs to be based on the analysis of changes in GENCON 2022. This article selects clause 1, clause 2, clause 3, as well as the freight clause and strike clause, that have been modified in GENCON 2022, and compares them with the relevant clauses of GENCON 1994 to analyze the consequences of the changes in GENCON 2022 clauses and the new relationship between the rights and obligations of shipowners and charterers behind them, in order to provide some suggestions for the practical use of GENCON 2022. Specifically, clause 1 of GENCON 2022 sets a precedent for shipowners to avoid the confirmation of the Pacific Voyager case; clause 2 sets a new balance between the rights and obligations of shipowners and charterers; The freight clause cancels the payment method of prepaid freight; The strike clause simplifies the rights and obligations of both parties during a strike, provides more economic compensation to shipowners, and reserves the right to use the ship for the charterer in extreme situations where the strike lasts for an unreasonably long time. In conclusion, GENCON 2022 makes up the shortcomings of GENCON 1994, while maintaining the tendency of protecting shipowners’ rights. Shipowners and charterers should pay attention to the changes in the terms of GENCON 2022 in order to avoid disputes.
    },
     year = {2023}
    }
    

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  • TY  - JOUR
    T1  - Analysis of Several Revisions of GENCON 2022
    AU  - Cheng Zhenlin
    AU  - Zhang Yizhen
    AU  - Yang Chaoyang
    Y1  - 2023/11/24
    PY  - 2023
    N1  - https://doi.org/10.11648/j.ijls.20230604.12
    DO  - 10.11648/j.ijls.20230604.12
    T2  - International Journal of Law and Society
    JF  - International Journal of Law and Society
    JO  - International Journal of Law and Society
    SP  - 262
    EP  - 267
    PB  - Science Publishing Group
    SN  - 2640-1908
    UR  - https://doi.org/10.11648/j.ijls.20230604.12
    AB  - The changes in the shipping market have made GENCON 1994, the most widely used voyage charter party, no longer able to meet the balance of rights and obligations between the contracting parties, and also unable to provide sufficient guidance and assistance for businesses which are unfamiliar with British law to avoid legal risks. Therefore, BIMCO has developed GENCON2022 to meet industry needs, but the practical application of GENCON2022 needs to be based on the analysis of changes in GENCON 2022. This article selects clause 1, clause 2, clause 3, as well as the freight clause and strike clause, that have been modified in GENCON 2022, and compares them with the relevant clauses of GENCON 1994 to analyze the consequences of the changes in GENCON 2022 clauses and the new relationship between the rights and obligations of shipowners and charterers behind them, in order to provide some suggestions for the practical use of GENCON 2022. Specifically, clause 1 of GENCON 2022 sets a precedent for shipowners to avoid the confirmation of the Pacific Voyager case; clause 2 sets a new balance between the rights and obligations of shipowners and charterers; The freight clause cancels the payment method of prepaid freight; The strike clause simplifies the rights and obligations of both parties during a strike, provides more economic compensation to shipowners, and reserves the right to use the ship for the charterer in extreme situations where the strike lasts for an unreasonably long time. In conclusion, GENCON 2022 makes up the shortcomings of GENCON 1994, while maintaining the tendency of protecting shipowners’ rights. Shipowners and charterers should pay attention to the changes in the terms of GENCON 2022 in order to avoid disputes.
    
    VL  - 6
    IS  - 4
    ER  - 

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Author Information
  • The School of Law, Shanghai Maritime University, Shanghai, China

  • The School of Law, Shanghai Maritime University, Shanghai, China

  • Wintell & Co, Shanghai, China

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