星际争霸大师解说 www.imhng.icu 《裝卸時間與滯期費》第6版
CHAPTER 3 第3章
Commencement of laytime 裝卸時間的起算
3.415 In The Adolf Leonhardt, Staughton J had to consider whether it was effective to allow notice of readiness for the port of Rosario to be given at Intersection some 200 miles down river. As to its meaning, the judge said that the use of the words might have been directed at ports with no waiting area within their limits; the vessel must reach a usual waiting area for the port in question and must be at the immediate and effective disposition of the charterers. On this he concluded:
It seems to me that a vessel is as effectively at the disposition of the charterer at Intersection as modern conditions demand, given that she is not required to be in the port of Rosario by reason of the use of the words ‘‘whether in port or not’’. Accordingly I would have upheld the conclusion of the Board of Appeal that notice of readiness could be given there.
3.415在The Adolf Leonhardt案，Staughton法官不得不慎重考慮在距阿根廷Rosario港下游200海里外的中轉交匯區遞交的準備就緒通知書是否有效。針對這一點，法官說，或許在措辭的表達中已經指示出該港范圍內沒有等候區域，那么，船舶就必須抵達該爭議港口的一個通常等候區域，而且必須是已經處于承租人立即馬上而有效的支配之下。就這一點，他總結道：
3.416 However, the judge also held that again the effect of the phrase could be largely cancelled out by a suitable exception clause such as the Centrocon strike clause.
3.417 In London Arbitration 8/03, where the tribunal had to consider a WIPON provision in relation to a berth charter, the tribunal held:
In the case of a berth charter, that at very least required that the vessel should have completed the sea leg of the voyage and reached a point as near as possible to the loading or discharging berth. At ports where that port was outside port limits, the WIPON provision would assist the owner by allowing the vessel to tender notice of readiness there. Where however, as at Setubal, the vessel merely paused on its passage in to the port or berth, for example, to pick up a pilot, the requirements of the provision would not be satis?ed.
3.418 These cases illustrate the point that, whilst a WIPON clause may operate to activate the commencement of laytime when the vessel concerned is a signi?cant distance away from the port in question, nevertheless, the other criteria applicable to a WIBON provision must also be met and the anchorage that the ship has reached must be a recognised waiting place for that particular port.