Lloyd's Maritime Law Newsletter
London Arbitration 2/20
Arbitration – Jurisdiction – Fixture recap setting out detailed provisions and “otherwise as clean Gencon 94 charterparty to be amended/altered as per above main terms agreed” – Whether law and arbitration clause in Gencon 94 form was an “above main term” agreed – Whether charterparty incorporated law and arbitration provision of Gencon 94 form
The subject vessel was chartered under a voyage charterparty evidenced by a fixture recap email. The recap email contained
detailed provisions relating to the description of the performing vessel, the manner of nominating such vessel, the volume
of cargo to be carried, the loading and discharging ports, laycan, loading and discharge rates, freight rates and payment,
notice of readiness, marking and issuing of bills of lading, laytime, demurrage, agents at loading and discharge ports, stevedore
damage, taxes due on cargo, and commission.