CHARTER PARTIES

GENCON - Clause 1

Shipbroker

The name and the address of the Shipbroker, who established the charter party, are important especially if he signs the charter party. He must not forget to have his name (or his signature) followed by the usual reservation "as agent ...... only".

Place and Date

The place where the charter party was concluded can be very important, to determine, in case of argument, which legislation is applicable, unless this is clearly stipulated in the charter party. If for instance, the place is London then it is highly probable that the English legislation will apply provided that one of the clauses of the charter party does not prescribe another legislation. Usually the place is where the contract was established; therefore generally the address of the Shipbroker but it is not necessarily the residence of the Ship Owners or of the Charterer.

To avoid all misunderstandings and unnecessary arguments it is good practice to incorporate in the charter party a so-called Jurisdiction clause. In the printed text of the voyage charter party GENCON only the General Average Clause (clause 11) is to be found.

The date is also important and indicates when all terms and conditions of the contract of affreightment (the so-called fixture negotiations) were fully settled.

Owners/place of Business - Charterers/place of business

In box 3 the name and place or business of the Owners or of the Disponent Owner or of the Managing Owner also called operator are entered. Designations such as "Disponent Owner", "Managing Owner", "Operator", "Chartered Owner", etc. mean that the person or enterprise to which one so refers is not the actual Owner of the ship but in fact has the right to operate the ship commercially in pursuance of a contract of affreightment.

In box 4 the name and place of business of Charterer are entered.

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