魏长庚船长简介：1996-2000 年在大连海事大学学习，获得航海技术专业学士学位。具有16年海上船舶航行经验，魏长庚船长一直热爱海商法（重点是英国海商法）的学习，并致力海商法的翻译工作（包括Informa出版的Bill of Lading（提单），Laytime and Demurrage（装卸时间与滞期费）等书籍。
1.5 It is perhaps important to remember that whilst judges, and increasingly arbitrators, lay down the interpretation to be given to particular clauses, these are often drafted by commercial men and the interpretation they are given in practice only rarely reaches arbitration, and still more rarely the higher courts.
1.6 Recent changes in arbitral law and practice have meant fewer appeals and this has reinforced the importance of publishing some arbitration awards of general importance in a form where the identity of the parties is not disclosed and the conﬁdentiality of the award is preserved. Lloyd’s Maritime Law Newsletter is now the accepted forum for this type of limited publication and many of the awards reported in it are quoted in this book.
1.7 An indication of the number of reported cases there have been over the years is given by the length of the Table of Cases.
1.8 There have been three attempts to introduce standardised laytime and demurrage clause deﬁnitions: the Charterparty Laytime Deﬁnitions 1980, the Voyage Charterparty Laytime Interpretation Rules 1993 and the Baltic Code 2007. These are each reproduced in full in the Appendix to this book. Each deﬁnition is, in addition, dealt with under the relevant chapter heading. These deﬁnitions will, however, apply only where they are speciﬁcally incorporated into the relevant charterparty, although they are often quoted as being persuasive of the meaning of the term in question.
1.9 This ﬁrst chapter is intended to set the scene on laytime and demurrage. It deals with the general principles involved and is intended to present an overview of the subject for anyone who is not familiar with it. All the topics covered in this ﬁrst chapter are dealt with in greater detail elsewhere in the book.
1.10 It is important, before considering the principles of laytime, to see how laytime ﬁts into the scheme of a voyage charter. The words ‘‘laytime’’ and ‘‘demurrage’’ are themselves deﬁned in the following terms in the Voylayrules 1993.
"LAYTIME" shall mean the period of time agreed between the parties during which the owner will make and keep the vessel available for loading or discharging without payment additional to the freight.
"DEMURRAGE" shall mean an agreed amount payable to the owner in respect of delay to the vessel beyond the laytime, for which the owner is not responsible. Demurrage shall not be subject to laytime exceptions.
Laytime is probably a shortened version of lying alongside time.
1.11 In The Johanna Oldendorff, Lord Diplock divided the adventure contemplated by a voyage charter into four successive stages. These are:
(1) The loading or approach voyage, viz. the voyage of the vessel from wherever she is at the date of the charterparty or the conclusion of her previous ﬁxture, if that is later, to the place speciﬁed as the place of loading.
(2) The loading operation, viz. the delivery of the cargo to the vessel at the place of loading and its stowage on board.
(3) The carrying or loaded voyage, viz. the voyage of the vessel from the place of loading to the place speciﬁed in the charter as the place of delivery.
(4) The discharging operation, viz. the delivery of the cargo from the vessel at the place of delivery and its receipt there by the charterer or other consignee.
1.11 在The Johanna Oldendorff案例中，Diplock勋爵把根据程租合同所要从事的航程划分为四个连续的阶段。这些即是：
1.12 Although of late there have been increasing attempts to blur the distinction between the stages, Lord Diplock’s speech is clear authority that under English law the stages are consecutive and each must be completed before the next can begin. As will be seen, that means, for instance, that a vessel must reach its speciﬁed destination before a notice of readiness can be presented and notice cannot therefore be given whilst underway. There cannot be any gap between the stages, nor is there any overlap.