Voyage Charters

Timothy Young KC; Michael Ashcroft; Julian Cooke; Andrew Taylor; John Kimball; LeRoy Lambert; David Martowski; Michael Sturley

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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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