Gencon strike clause. Notice not needed for what charterers already know.


London Arbitration 9/17 concerned the third paragraph of the general strike clause in Gencon 94 which provides.

If there is a strike or lock-out affecting the discharge of the cargo on or after vessel’s arrival at or off port of discharge and same has not been settled within 48 hours, Receivers shall have the option of keeping vessel waiting until such strike or lock-out is at an end against paying half demurrage after expiration of the time provided for discharging, or of ordering the vessel to a safe port where she can safely discharge without risk of being detained by strike or lock-out. Such orders to be given within 48 hours after Captain or Owners have given notice to Charterers of the strike or lock-out affecting the discharge.


A strike occurred after the vessel’s arrival at the discharge port of Chittagong and came to an end before laytime expired. No notice was given by the owners but both the charterers and the receivers were aware of the strike and did nothing. The tribunal held that laytime continued to run during the period of the strike.