Commencement of laytime 装卸时间的起算


Commencement of laytime


3.456 Charterers, as in the previous case, sought to argue that arrival meant that the vessel had to be an Arrived ship, but again this contention was rejected, the judge finding that arrival was used in the popular sense of that word as opposed to the technical meaning it had in connection with when a vessel became an Arrived ship. Commenting on this aspect, Roskill J said:

I think as a matter of ordinary common sense if one asked two businessmen if a ship had arrived at Lourenco Marques when she reported at the pilot station in that way and in those circumstances they would answer: ‘‘Yes, she has arrived there’’, notwithstanding that she had not yet got within the commercial limits of the port.

On the meaning of ‘‘reachable’’, he said:

‘‘Reachable’’ as a matter of grammar means ‘‘able to be reached’’. There may be many reasons why a particular berth or discharging place cannot be reached. It may be because another ship is occupying it; it may be because there is an obstruction between where the ship is and where she wishes to go; it may be because there is not a sufficiency of water to enable her to get there. The existence of any of those obstacles can prevent a particular berth or dock being reachable and in my judgment a particular berth or dock is just as much not reachable if there is not enough water to enable the vessel to traverse the distance from where she is to that place as if there were a ship occupying that place at the material time. Accordingly, in my judgment, the charterers’ obligation was to nominate a berth which the vessel could reach on arrival and they are in breach of that obligation if they are unable so to do.


我想,按照一般的常识,如果一个好事的第三者用这种方式询问两个商人:当船舶报告已抵达了引水站,她是否应算已抵达了Lourenco Marques马布托港呢?在这种情形下,他们会答到:‘是的,她已抵达那里’,尽管该轮还未进入该港的商业区域范围内。.



3.457 The judge also pointed out that, in some cases, of which the present one was an example, a breach might arise without the fault of either party, but nevertheless even in those circumstances, as a matter of construction, the clause provided that loss of time should fall on the charterers and not the owners.


3.458 Later in his judgment, he went on to consider when the charterers’ liability ended. On the day when the ship was able to cross the bar, she began to move at 0130, anchored again at 0400 within the port and gave notice of readiness at 1100. The charterers argued that, even if the judge was against them on the principal issue, nevertheless their liability should not extend beyond 0400, when the vessel re-anchored to await a berth. However, on this point the judge also ruled against them, holding that the owners had not unreasonably delayed before giving notice, but, he continued:

I am not saying that if in another case it could be shown that the owners or the master has wrongly delayed giving notice of readiness the position might not be otherwise. That does not arise in the present case.

Roskill J therefore concluded that the President Brand had been delayed from her arrival at the Pilot Station at 08 00 on 19 April until 1100 on 23 April by the charterers’ failure to procure a berth, reachable on arrival, for which damages for detention calculated at the demurrage rate were payable. From that period, however, there was to be deducted the 2 1/2 hours between 0130 and 0400 on 23 April, during which the ship crossed the bar and moved into port. This was not, said the judge, time which was lost by the charterers’ breach, but time which would have been occupied in any event coming into port had the vessel not been held up at the bar.



因此,Roskill法官下结论说:由于承租人未能获取一个使船舶一到即靠泊的泊位,导致了该轮4月19日0800抵达引水站直到4月23日1100之间发生延迟,这种滞期延迟损失应按滞期费率计算和支付。然而,从这段时间,4月23日0130至0400之间应扣除2. 5小时,因为在这期间该轮是在通过浅滩进港。法官说,这不是承租人违约造成的时间损失,但,无论如何,这段2.5小时的时间都是船舶要进港本应花费的时间,如果船舶并没有被浅滩阻滞的话。

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魏船长自2000年开始,有16年海上船舶航运经验,先后在7条远洋货轮担任船长,凭借丰富的航运实践经验,魏船长非常熟悉船舶的运营操作,在船舶操纵、货物装载与管理等方面有着丰富的实践经验。 近年来致力海商法的翻译工作,包括“劳氏法律文库”推荐,Informa出版的Bills of Lading(提单)、Time Charter(期租合同)、Marine Letter of Indemnify(海运保函)等书籍,和他人合作翻译《船舶建造》。 专业著作:中英文版《船舶买卖》第六版、《装卸时间与滞期费》



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