LAYTIMEANDDEMURRAGERECENTCASES.pptVIP

LAYTIME AND DEMURRAGE RECENT CASES HOUSTON March 29, 2007 William J. Honan Holland Knight LLP Clause 5, Part II, ASBATANKVOY 5. LAYDAYS. Laytime shall not commence before the date stipulated in Part I, except with Charterers sanction . . . Clause 6, Part II, ASBATANKVOY 6. NOTICE OF READINESS. Upon arrival at customary anchorage at each port of loading or discharge, the Master or his agent shall give the Charterer or his agent notice by letter, telegraph, wireless or telephone that the vessel is ready to load or discharge cargo, berth or no berth, and laytime, as hereinafter provided, shall commence upon the expiration of six (6) hours after receipt of such notice, or upon the vessels arrival in berth . . . whichever first occurs. However, irrespective of whether the berth is reachable on arrival or not where delay is caused to Vessel getting into berth after giving notice of readiness for any reason over which Charterer has no control, such a delay shall not count as used laytime or demurrage. In any event, Charterer shall be entitled to six hours notice of readiness at loading and discharging ports, even if the vessel is on demurrage. Issue No. 1 1. If a vessel arrives prior to commencement of the laydays and is ready to load, is the vessel under an obligation to give its notice of readiness? Issue No. 2 2. If the vessel gives its notice of readiness prior to the commencement of laydays, does the six hour free period begin running upon the giving of the notice of readiness or at midnight of the first layday? Issue No. 3 3. Does the giving of an early notice of readiness require the charterer to commence loading immediately (or at least 6 hours afterwards)? Issue No. 4 4. If the charterer upon receipt of the early notice of readiness, orders the vessel to a berth, can the vessel refuse? Issue No. 5 5. If the charterer orders the vessel to its berth upon receipt of the early notice of readiness and begins loading the vessel, all before the co