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Analysis of Several Revisions of GENCON 2022

2023; Science Publishing Group; Linguagem: Inglês

10.11648/j.ijls.20230604.12

2640-1908

Cheng Zhenlin, Zhang Yizhen, Yang Chaoyang,

Geophysics and Gravity Measurements

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.