Shipping webinar series 2: Voyage charterparties - Laytime

Following on from series one, looking at 'Time Charterparties', Birketts' Shipping Team are now very pleased to introduce the next series of webinars, discussing 'Voyage Charterparties'. Join us for the fourth webinar in the six-part series with Henry Adams, Partner and Head of our Shipping and International Trade Team and Tom Hodges, Senior Associate in the Shipping Team as they discuss 'Laytime.'
Here are the timestamps to help guide you through this webinar:
1:39 Topics
3:06 Introduction to laytime and demurrage
4:42 Defining the laytime period
8:.46 Commencement of laytime
10:47 Poll
12:39 When can an NOR be validly tendered?
18:25 The vessel’s readiness to load / discharge
20:10 What amounts to readiness?
25:02 Waiver / estoppel of Charterer’s right to argue that NOR is invalid
27:46 Delays in ability to tender NOR caused by Charterers
29:22 Interruptions and exceptions to laytime
30:09 Owners’ fault post-NOR
32:28 Owners’ fault pre-NOR
34:23 Interruptions - “Sundays and holidays excepted”
36:01 Interruptions - “weather permitting”
37:36 Poll
38:02 Charterers
38:56 Exceptions to laytime
40:16 Exceptions to laytime - example
41:41 Poll
42:19 Charterers
44:00 Questions
Meet our experts
Henry Adams: www.birketts.c...
Tom Hodges: www.birketts.c...
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Disclaimer: Please note that content and advice provided is correct as of the date of recording.

[@soniaho5173]

Thank you for this video :)

[@julianabjms8697]

Hi Birkets LLP, I am Juliana from Indonesia, I have question on minute 46:00 till 47:33, please confirm if vessel need 10days to berth from NOR , the 10 days will still calculate as laytime?

[@BirkettsLLPSolicitors]

Hi Juliana
Generally, if the vessel has arrived at the location for tendering the NOR in accordance with the charterparty and the charterparty provides for laytime to count from the time an NOR is tendered, all time will count thereafter unless either a delay is caused by Owners’ fault or there is an exception or interruption to laytime in the charterparty. For example, time spent shifting to a berth is often excluded (but this will only be the case if there is an express wording to that effect).
On the other hand, if a vessel is required to be on the berth before tendering NOR, Owners cannot ordinarily tender NOR before the vessel arrives on the berth. Again, this is subject to any provision in the charterparty that might entitle Owners to tender NOR earlier, such as a WIBON clause.
I hope this helps.

[@julianabjms8697]

@@BirkettsLLPSolicitors Hi Birkets LLP, thank you for the helps.. Stay safe and stay healthy..

[@captainjacksparrow1]

can you post the notes in a link please

[@BirkettsLLPSolicitors]

We can email the slides to you if you like? Please contact [e-mail] and she can send them over to you.

[@captainjacksparrow1]

@@BirkettsLLPSolicitors that's amazing, thanks a ton!

[@s.a.6009]

This 6 year statutory contract limit within which the ship can be arrested- where is that specified as such please ?

[@BirkettsLLPSolicitors]

Section 5 of the Limitation Act 1980 (see www.legislation.gov.uk/ukpga/1980/58) provides, “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
In the absence of an express contractual timebar, this is likely to be the time limit that applies to most contractual claims arising under English law charterparties.
Hope this helps!

[@s.a.6009]

@@BirkettsLLPSolicitors Certainly does, thanks!