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03 AUG 2026 MONDAY
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The subject of Commencement of Laytime is extensive. Therefore, this article is intended to be a brief overview of the main conditions that are generally required for laytime (or, if applicable, demurrage) to commence, together with references to the significant supporting case law underpinning the guiding principles. In general terms, there are three conditions which need to be satisfied under most charterparties before laytime can commence. These are: The vessel must have arrived at the destination specified in the charter; The vessel must be ready in all material respects and in a fit condition to load or discharge the cargo; and Where required, the vessel must tender valid Notice of Readiness ("NOR") confirming the vessel's arrival and readiness. Once these conditions have been met, the vessel is an "arrived ship" for the purposes of the contractual laytime/demurrage regime, and time will begin to run. We will consider each requirement in turn. Arrival at Destination The vessel must have arrived at the place within the port where NOR may be validly served as specified in the charterparty. This agreed destination will vary depending on whether the charterparty is a "berth charter" or a "port charter". In the case of a "berth charter", the vessel will not be considered arrived until she reaches the load/discharge berth designated by the charterers within a named port. Until then, the vessel is still at the loading or carrying voyage stage, and no obligation lies upon the charterer to load or receive the cargo ( The Kyzikos [1987] A.C. 1264). Therefore, under a berth charter, the risk of congestion or other delays in berthing is generally allocated to the shipowner rather than the charterer. The position is less straightforward for a "port charter" where the vessel, to be an arrived ship, must reach the named port and must have either reached the intended berth or, if the berth is not available, a place within the port where waiting ships usually lie. Once at that
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pi_circular Skuld ·2018-07-10

A brief history of laytime

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