CHAPTER 3 第3章
Commencement of laytime 装卸时间的起算
3.489 This therefore leaves the question whether the arbitrators in London Arbitration 11/97 were right in their conclusion, based on ‘‘accessible’’ being limited to meaning ‘‘able to get into’’ but not extending to ‘‘able to get out of’’ the berth, and being conﬁned to the vessel herself. If they were, then what does ‘‘always’’ add? The answer will perhaps have to await further arbitral and judicial decisions.
3.490 A further issue arose in London Arbitration 11/97 relating to a period of delay after the vessel had left the berth and anchored in the inner port, but was unable to leave the port until the next high tide. On that point, the tribunal were clearly right in holding that the phrase ‘‘always accessible’’ gave no protection to the owners since it clearly describes the berth and not the port.
3.491 If the warranty does extend to departure from the berth, any claim will be one for detention, since laytime or time on demurrage comes to an end on completion of loading or discharging as the case may be.
Always aﬂoat 始终保持漂浮
3.492 As mentioned previously (see para. 3.480 above), this phrase is often added to the phrase ‘‘always accessible’’. The same problem arises with both in relation to the question as to when it ceases to have effect as a warranty. If it is part of the description of the berth (see para. 3.480 above) then it is clearly once the vessel sails from the berth. However, in London Arbitration 1/09, where the vessel grounded after leaving the berth but whilst still within the harbour, although on the facts of the case the tribunal held that no time was lost to the owners they did not reject it as a matter of law. The brief report of the case does not, however, make it clear whether the ‘‘always aﬂoat’’ provision related to the port or the berth. If the owners had succeeded it would presumably have been as damages for breach of warranty or a claim for detention.