Antwerp Rules

General Average: (Clause 26). A clause specifying where General Average (if any) is to be adjusted (e.g. ‘in London’) and/or paid, irrespective of the ports of call involved and the laws relating to GA thereat – e.g. ‘as per York/Antwerp Rules 1974’. Earlier charterparties may refer in their printed text to York/Antwerp Rules 1950, which should be amended during negotiation to reflect the latest Rules. It is sometimes negotiated also that where a cargo involves voyages to/from the United States or United States principals, the New Jason Clause be incorporated into the contract, dealing with General Average law and practice for adjustments made in the United States (see Clause 24 of the AMWELSH). Strikes: (Clause 27). Both parties to a charterparty have risks and liabilities in the event of a strike. Various clauses exist, some in far greater detail than in others. The MULTIFORM repeats the Strike Clause from the GENCON charterparty, notorious for its confusing language and very much in owner’s favour. Most strike clauses are in fact biased in favour of charterers, placing the risk of strikes on owners – e.g. compare the sweeping provisions of the AMWELSH Clause 9. Exceptions: (Clause 28). The rights of contracting parties to cancel the charterparty in case of events making its performance virtually impossible – e.g. Force Majeure or Acts of God. Commission: (Clause 31). Specifies the amount and to whom commissions and brokerages are payable, usually adding that commissions/brokerages are payable on freight, deadfreight and demurrage. Protecting Clauses: (Clauses 32 & 33). A set of clauses commonly included in the printed form of a charterparty or as additional clauses.