London Arbitration 7/01

Delay in berthing at discharge port by reason of late payment of port dues - Whether vessel “arrived ship” by reason of owners’ failure to put port agents in funds - Whether owners liable in damages

The vessel was chartered on the Baltimore Berth Grain Charter Party form for the carriage of 16,000 tonnes of peas in bulk from Canada to Mumbai, India. The vessel arrived at the discharge port of Mumbai on 3 December, tendering notice of readiness at 10.00 hours that day. However, she did not berth until 17.00 hours on 19 December. The owners said that laytime commenced at 08.00 hours on 4 December. The charterers contended that laytime did not begin to count until the vessel berthed on 19 December.