CHAPTER 3 第3章
Commencement of laytime 装卸时间的起算
Time lost in waiting for berth to count in full 等泊时间全部计入
3.441 This variation on the previous phrase has been considered in London arbitration. The owners argued that the words ‘‘time lost in waiting for berth whether in free pratique or not to count in full’’ had the effect of ensuring that all time spent by the vessels in waiting for a berth at the discharge port should count without the application of any charterparty exceptions. They placed heavy reliance on the words ‘‘in full’’. On the other hand, the charterers contended that ‘‘time’’ meant laytime and therefore any exceptions applied just as they would had the vessel been in berth.
3.442 The arbitrators held that the charterers were right and that, following The Darrah ‘‘any time lost’’ meant any laytime lost. If the intention had been to derogate from the opening words of the sentence so as to strike at the core of established laytime computations, sufﬁciently cogent language should have been used. The arbitrators suggested as an example of such wording, ‘‘Any time lost in waiting for berth to count in full, with all exceptions excluded’’. The owners’ claim for a balance of demurrage therefore failed.
3.442 仲裁员裁定承租人是正确的，遵循The Darrah—案中的判决，‘任何时间损失’指的就是任何装卸时间的损失。假若意图想要背离该句子的字面意义以至企图打破已经确立的装卸时间计算的核心思想，那么就应该使用有足够有说服力的语言。仲裁员们推荐了这种措辞的一个例子：‘等泊损失的所有时间均计入装卸时间，但所有的除外条款均应排除（适用）’。因此，船东对余下的滞期费的索赔没有成功。
Norgrain charter—waiting for berth 北美谷物租约中的等泊条款
3.443 The Norgrain charter has a provision at clause 17 covering the situation where a vessel is prevented from entering the commercial limits of the port. The clause provides for time so used in the circumstances speciﬁed to count against laytime and to be added to laytime or demurrage.
3.444 In London Arbitration 5/88, the arbitrators concluded that, unlike the previous clause, the waiting time should be added after the main laytime calculation had been made. The reference to its counting as laytime meant it was to be calculated in that way. Thus, if some allowed laytime remained after computing the laytime used within the port, it could be set against the time spent in waiting. If there was no allowed laytime left, the waiting time was calculated in the same way as demurrage. If it was insufﬁcient it counted part as laytime and part as demurrage.