CHAPTER 3 第3章
Commencement of laytime 装卸时间的起算
3.400 Having reviewed the previous cases and pointed out that the effect of the phrase in the present circumstances had never previously arisen, Lord Brandon concluded in favour of charterers, saying:
. . . I am of opinion, having regard to the authorities to which I referred earlier and the context in which the acronym ‘‘wibon’’ is to be found in the charterparty here concerned, that the phrase ‘‘whether in berth or not’’ should be interpreted as applying only to cases where a berth is not available and not also to cases where a berth is available but is unreachable by reason of bad weather.
3.401 On this basis, the same conclusion would have been reached had the reason for non-accessibility been lack of water or possibly some prohibition on navigation to the berth by the port authority, although the latter might give rise to some complicated questions on availability and how much more this means than simply that there is no other vessel currently occupying the designated berth.
3.402 Although the effect of the expression in a dock charter is not expressly discussed in any of the cases, it probably normally has no effect, so that time runs from arrival in dock as usual.
3.403 Even in a berth charter, the effect of the phrase may be largely neutralised by a suitable exception clause, such as the Centrocon strike clause. Thus, in The Amstelmolen, where the vessel concerned was unable to berth because of congestion, the Court of Appeal held that although laytime ran by virtue of the phrase ‘‘whether in berth or not’’, nevertheless there was an obstruction within the meaning of the Centrocon strike clause and time did not therefore count during the continuance of the obstruction.
3.404 The Voylayrules 1993 provide:
22. ‘‘whether in berth or not’’ (WIBON) or ‘‘BERTH OR NO BERTH’’ shall mean that if no loading or discharging berth is available on her arrival the vessel, on reaching any usual waiting-place at or off the port, shall be entitled to tender Notice of Readiness from it and laytime shall commence in accordance with the charterparty. Laytime or time on demurrage shall cease to count once the berth becomes available and shall resume when the vessel is ready to load or discharge at the berth.
This differs somewhat from the deﬁnition in the Charterparty Laytime Deﬁnitions 1980 which reads:
26. ‘‘WHETHER IN BERTH OR NOT’’ or ‘‘BERTH NO BERTH’’—means that if the location named for loading/discharging is a berth and if the berth is not immediately accessible to the ship, a Notice of Readiness can be given when the ship has arrived at the port in which the berth is situated.
A not dissimilar deﬁnition appears in Baltic Code 2007:
WHETHER IN BERTH OR NOT (WIBON) or BERTH OR NO BERTH—if the designated loading or discharging berth is not available on her arrival, the vessel on reaching any usual waiting place within the port, shall be entitled to tender notice of readiness from it and laytime shall commence as provided under the charterparty.
It should be emphasised that these deﬁnitions will apply only if they are speciﬁcally incorporated into the charterparty.