CHAPTER 3 第3章
Commencement of laytime 装卸时间的起算
3.394 In none of the previous cases was a berth available when notice of readiness was given. In The Kyzikos, however, the berth was available but she could not reach it because of bad weather. What happened was that the vessel arrived off Houston to discharge but anchored because of fog. She made an abortive attempt to get into berth, but had to reanchor until the fog lifted. Apart from considering this phrase, the lower courts also considered whether in these circumstances the vessel was at the immediate and effective disposition of the charterers and the meaning of an ‘‘always accessible provision’’, which was said to be the same as one providing for a berth ‘‘reachable on arrival’’.
3.395 In arbitration, the arbitrator held in favour of the owners that there was no limitation on the meaning of the phrase. Webster J in the High Court disagreed, saying that such a provision did not have the effect of changing the primary obligation of the owners from being one to carry the cargo to a berth, to carry the cargo to a named port. He therefore disagreed with Roskill LJ when he said in The Johanna Oldendorff :
The phrase ‘‘whether in berth or not’’ was designed to convert a berth charterparty into a port charterparty and to ensure that under a berth charterparty Notice of Readiness could be given as soon as the ship had arrived within the commercial area of the port concerned so that laytime would start to run on its expiry.
3.395在仲裁时，仲裁员的裁定是支持船东，即该短语的含义上无限制条件。在高等法院，Webster法官不同意，说：该条款的作用并不能使船东将货物运输到泊位的基本义务改变为运至指定的118黑白图库。所以，他也不同意Roskill大法官在The Johanna Oldendorff案中所说的，如下即是：
3.396 Having reviewed the authorities to see whether they supported the proposition that a WIBON provision has the effect of converting a berth to a port charter, Webster J concluded:
I recognise that, when the vessel is unable to come alongside because no berth is available, the ‘‘Wibon’’ provision in the ordinary case has, in practice, that effect; but in my view it cannot be said without doubt that the authorities which I have considered, read as a whole, support the proposition that it has that effect in law, still less that it actually converts a berth charter into a port charter.