Voyage Charters

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Chapter 25

General Strike Clause

15. General strike clause 148
  Neither Charterers nor Owners shall be responsible for the con- 149
  sequences of any strikes or lock-outs preventing or delaying the 150
  fulfilment of any obligations under this contract. 151
  If there is a strike or lock-out affecting the loading of the cargo, 152
  or any part of it, when vessel is ready to proceed from her last port 153
  or at any time during the voyage to the port or ports of loading or 154
  after her arrival there, Captain or Owners may ask Charterers to 155
  declare, that they agree to reckon the laydays as if there were no 156
  strike or lock-out. Unless Charterers have given such declaration in 157
  writing (by telegram, if necessary) within 24 hours, Owners shall 158
  have the option of cancelling this contract. If part cargo has already 159
  been loaded, Owners must proceed with same, (freight payable on 160
  loaded quantity only) having liberty to complete with other cargo 161
  on the way for their own account. 162
  If there is a strike or lock-out affecting the discharge of the cargo 163
  on or after the vessel’s arrival at or off port of discharge and same has 164
  not been settled within 48 hours, Receivers shall have the option of 165
  keeping vessel waiting until such strike or lock-out is at an end 166
  against paying half demurrage after expiration of the time provided 167
  for discharging, or of ordering the vessel to a safe port where she 168
  can safely discharge without risk of being detained by strike or lock- 169
  out. Such orders to be given within 48 hours after Captain or Owners 170
  have given notice to Charterers of the strike or lock-out affecting 171
  the discharge. On delivery of the cargo at such port, all conditions 172
  of this Charterparty and of the Bill of Lading shall apply and vessel 173
  shall receive the same freight as if she had discharged at the 174
  original port of destination, except that if the distance of the sub- 175
  stituted port exceeds 100 nautical miles, the freight on the cargo 176
  delivered at the substituted port to be increased in proportion. 177
25.1 The main impact of strikes on the obligations of the owner and charterer under the charter is the effect which they may have, by virtue of express exceptions clauses, on the calculation of laytime and demurrage. That topic is dealt with in detail in specialist works on the subject,1 and this chapter is, therefore, confined to a discussion of the effect of the General Strike Clause in Gencon. The potential effect of strikes on the charterer’s obligation to obtain

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cargo is dealt with in , and the circumstances in which they may give rise to frustration of the adventure in .

General Strike Clause

25.2 For ease of reference the General Strike Clause can be divided into three parts: Part 1, lines 149–151, which contains a general exclusion; Part 2, lines 152–162, which relates to strikes at the load port and Part 3, lines 163–177, which relates to strikes at the discharge port. Although it is convenient to consider the three parts separately the clause must be construed as a whole. As Lord Denning M.R. said in The Onisilos:2

I am quite clear that the general strike clause must be construed as one whole, just as the strike clause in the Centrocon charter.

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