《装卸时间与滞期费》的基本原则.docx

《装卸时间与滞期费》的基本原则 《装卸时间与滞期费》第 6 版 General Principles 基本 原则 1.21 The reason why ?xed laytime charters are preferred is probably because of their greater certainty when it comes to estimating the permitted length of a charter and because they offer more ?exibility by the use of exception clauses in varying the apportionment of risk. 1.21 固定装卸时间租船合同如今之所以被普遍采用， 其最可 能是因为在开始估计租船合同所允许的时间期限时比较确 切可靠，同时因为，通过运用除外免责条款在更改风险分摊 方面它们提供了更多的灵活性。 1.22 Whichever form of laytime is chosen, voyage charters are also divided up into berth, dock and port charters, depending on which of these three alternatives is chosen as the speci?ed destination for loading or discharging, as the case may be. There is no reason why a charter should not be, say, a berth charter for loading and a port charter for discharging. In general, however, laytime commences upon the vessel ’s arrival at the speci?ed destination, notice of readiness having been given (if required) and after any time provided for in the charter has elapsed. Upon laytime commencing, liability for delay may change from the shipowner to the charterer, depending on the terms of the charter. This is why it is important to be able to establish precisely when the speci?ed destination is reached. Berth and dock charters on the whole create few problems in this respect, since it is comparatively easy to say whether a vessel has reached its berth or dock. The port charter is, however, more dif?cult. Until the decision of the Court of Appeal in Leonis Steamship Co v. Rank, the law was in some confusion, but in that case the court held that in a port charter, the speci?ed destination was reached when the vessel arrived in the commercial area of the port and not, as some of the earlier cases had suggested, when the vessel actually arrived in berth. Later, dif?culties arose in deciding what the Court of Appeal had meant and what factors had to be taken into account before it could be decided whether the usual waiting place was within the commercial ar