Analysis of Several Revisions of GENCON 2022

Cheng Zhenlin; Zhang Yizhen; Yang Chaoyang

doi:doi:10.11648/j.ijls.20230604.12

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Analysis of Several Revisions of GENCON 2022

Cheng Zhenlin, Zhang Yizhen, Yang Chaoyang^*

Published in International Journal of Law and Society (Volume 6, Issue 4)

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

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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

Cheng Zhenlin

The School of Law, Shanghai Maritime University, Shanghai, China
Zhang Yizhen

The School of Law, Shanghai Maritime University, Shanghai, China
Yang Chaoyang

Wintell & Co, Shanghai, China

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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

Copy | Download

@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}
}

Copy | Download

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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