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The Asbatankvoy Charterparty (formerly Exxonvoy 69) was produced by the Association of Ship Brokers and Agents (U.S A) Inc and it is one of the most widely used charter forms. The purpose of this article is to analyse the Asbatankvoy charter clauses for the commencement of laytime. Emphasis will be given on the analysis of the 'reachable on arrival' clause with reference to English and American cases.
I
CLAUSES 5 AND 6
Under clause 5,1 laytime shall not commence before the date stipulated in Part I, except in Charterer's sanction. The second part of this clause deals with the cancellation of the charterparty in a case in which the vessel is not ready by 4.00 p.m. on the cancelling date. The charterer has to give notice within 24 hours after the cancellation date.
While under common law, a notice of readiness is usually given only at the first port- unless there is a different provision in the charterparty, clause 6(2) of this charter form provides for tender of notices of readiness at each port of loading or discharge. Notice should be given to the charterer or his agent by letter, telegraph, wireless or telephone. Tender by radio is considered sufficient under clause 6.3
A. Tender of Notice of Readiness
It has been supported4 that the notice of readiness as provided in clause 6 is the initial step that determines the responsibility for port time consumption as between owner and charterer. Therefore, it would be wholly unreasonable for the owner to assert that the tender of an "arrived" vessel could be made a day, a week or any amount of time prior to the commencing date for the laydays. The words "commencing date" have a plain and literal meaning and in that, the charter denotes the earliest date on which the notice of readiness can have validity.
However, it is now generally accepted that the notice of readiness can be given before the time that it is agreed in the charterparty. Until recently, it was accepted by courts that laytime always starts at the agreed time and not earlier.5 As was held in Pteroti v. National Coal Board,6 laytime did not begin to run, even though loading had already begun, before the time stipulated in...