CHAPTER 3 第3章
Commencement of laytime 装卸时间的起算
Berth charters 泊位租船合同
3.32 Berth charters are probably the oldest form of charter, arrival in berth being the natural completion point of the voyage. The Voylayrules 1993 deﬁne berth in the following terms:
‘‘ BERTH’’ shall mean the speciﬁc place within a port where the vessel is to load or discharge. If the word ‘‘ BERTH’’ is not used, but the speciﬁc place is (or is to be) identiﬁed by its name, this deﬁnition shall still apply.
3.33 The principal change from the Charterparty Laytime Deﬁnitions 1980 is the addition of the words ‘‘within a port’’ in the ﬁrst line.
3.34 A berth is an individual loading point on a jetty, wharf or in a dock system. Individual berths are not usually given names but numbers, being referred to as No 1 berth, No 2 berth, etc. In most berth charters, the designation is ‘‘one safe berth X port’’ leaving the charterer free to nominate any berth in that port or more commonly to inform the shipowner which berth he has been allocated by the port authority. Occasionally, however, a charter speciﬁes a particular wharf or jetty, which may have, say, two or three berths on it, but such a charter is usually held to be of the same character as a berth charter.
3.35 The original concept of a berth charter was one in which a particular berth was named in the charter but, as has already been discussed, this has been extended to include situations where the vessel is to proceed to a berth at the charterer’s express (as opposed to implied) option within the port. An illustration of a slightly unusual provision is provided by London Arbitration 14/07, where the charter in question had a “Loading Port” provision which provided for the vessel to load at “1SB OR ANCHORAGE... ALONGSIDE IMPORTER VESSEL . . . OR BARGES . . . OR ALONGSIDE WHARF”. In that case, the tribunal held that it was plainly anticipated that the ship would load alongside something, most likely the vessel named in the “Loading Port” provision; and also there or alongside barges, she would probably be at an anchorage. Such a place would, in the context, be a berth for notice purposes, although perhaps not in the usual sense of the word.
3.36 In a berth charter, the speciﬁed destination is reached when the vessel is in that berth and does not need to move further to load or discharge. In E L Oldendorff & Co GmbH v. Tradax Export SA, Lord Diplock said:
Where a single berth was speciﬁed in the charterparty as being the place of loading or of discharge, the loading voyage or the carrying voyage did not end until the vessel was at that very berth. Until then no obligation could lie upon the charterer to load the cargo, or to receive it, as the case might be. If the speciﬁed berth were occupied by other shipping, the vessel was still at the voyage stage while waiting in the vicinity of the berth until it became available, and time so spent was at the shipowner’s expense.
3.36根据泊位租船合同，船舶只要抵达该泊位就算抵达了规定的目的地，而不需要进一步移动去装货或卸货。在E L Oldendorff & Co GmbH v. Tradax Export S A—案中，Diplock 勋爵说：