The commencement of laytime in a voyage charterparty

摘要

Laytime is the time during which the charterer is allowed to discharge cargo at a designated port or berth without incurring damages for detention or demmurrage. For the purposes of commencement of laytime, a distinction needs to be drawn between a port charterparty and a berth charterparty. In a berth charterparty, in the absence of an expressed stipulation to the contrary, the designated destination for the discharge of cargo is a berth. In such a case, in order for laytime to commence, usually the following must be satisfied. Firstly, the vessel must become an arrived ship, i.e. it must be within the port at a place where it is smmediately and effectively at the disposal of the charterer. Secondly, it must be physically ready to load. Thirdly, a particular notice of readiness has to be served from within the berth. The only exception to this rule exists where the charter contains a WIBON clause. If such a clause is inserted into a charterparty, laytime is likely to commence even though the notice is served from outside the berth, providing that the vessel is within the port and congestion at the berth is not due to bad weather. In contrast, in a port charterparty, the NOR does not have to be served from within the berth. Consequently, laytime in a port charterparty will commence providing that the NOR is served from within the port and the remainder of the above conditions are satisfied. In response to a premature NOR, the charterers may: (a) reject it, (b) ignore it and do nothing, (c) accept it expressly or (d) commence cargo operations loading or discharge as the case may be. The factual combination of commencing cargo operations without rejecting the NOR inescapably infers that the vessel (a) has arrived at the specified destination and (b) is ready at the immediate and effective disposition of the charterers. In other words, this combination is Inconsistent with the vessel not having arrived at the specified destination or not being ready. It could, therefore, be argued that this factual combination serves the purpose of a notice of readiness.