CHAPTER 3 第3章
Commencement of laytime 装卸时间的起算
3.37 In a similar vein, in North River Freighters Ltd v. President of India, Jenkins LJ drew a distinction between port and berth charters, saying about the latter:
whereas in the case of a berth charter (that is to say, a charter which requires the vessel to proceed for loading to a particular berth either speciﬁed in the charter or by the express terms of the charter to be speciﬁed by the charterer) lay days do not begin to run until the vessel has arrived at the particular berth, is ready to load, and has given notice to the charterer in manner prescribed by the charter of her readiness to load.
Notwithstanding that in the absence of a provision accelerating the commencement of laytime, notice of readiness cannot be tendered before arrival in berth, there is no obligation on a charterer to berth a vessel in strict turn of her arrival.
3.37同样情况，在 North River Freighters Ltd v. President of India一案中，Jenkins大法官针对港口租船合同与泊位租船合同进行了区别，关于泊位租船合同，他阐述如下：
3.38 In The Handy Mariner, the Court of Appeal held on appeal from a GAFTA tribunal that a sale contract providing for c.i.f. free out Lorient with a discharging rate should be construed as a berth charter provision notwithstanding that, had the contract been construed as a charter, it would have been held to be a port charter.
3.38在The Handy Mariner—案中，来自GAFTA仲裁庭的上诉案例，买卖合同中还以CIF和不负责在法国Lorient港卸货的价格条款并规定了卸货速率，法院判决是应该解释为泊位租船合同条文，尽管如此，如果该合同能够是被解释成一份租船合同的话，此合同就应该是港口租船合同。
3.39 Occasionally disputes arise as to when a vessel arrived at a particular berth, usually when there has been some delay between the ﬁrst line being passed and completion of the mooring process. Clause 14 of the Shellvoy 3 form of charter (which unlike most tanker charterparties is a berth charter) requires the vessel to be securely moored before laytime can commence and this, it is suggested, would be the position in any event. Taking the point one stage further, however, what this means is that the vessel must be secured by sufﬁcient mooring lines to enable the safe working of cargo. In some ports at certain times of the year, or when adverse weather is expected, additional heavier lines are added a little while after the vessel’s arrival. These are sometimes referred to as ‘‘hurricane hawsers’’ but normally these are an additional precaution and not part of the usual mooring process. The vessel therefore arrives in berth when the normal mooring lines are secured.