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Lloyd's Law Reports

REARDON SMITH LINE, LTD. v. EAST ASIATIC COMPANY.

(1938) 62 Ll L Rep 23

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party - Demurrage - Vessel chartered to proceed to Dairen and there load-"7. . . . Lay-days at port of loading to be weather working days, and to commence 24 hours after the steamer is dunnaged, matted, and all hatches are ready for cargo, whether in berth or not, and of the captain having given written notice . . . to that effect to charterers or their agents. 11. . . . If the cargo cannot be loaded by reason of . . . obstructions or stoppages beyond the control of the charterers . . . in the docks or other loading places . . . the time for loading . . . shall not count during the continuance of such causes. . . . 15. . . . If the steamer be not arrived at her loading berth at port of loading (charterers undertaking to provide an available berth as soon as required) . . . charterers to have the option of cancelling . . . ."-Delay in loading owing to requisition of number of berths by Government - Whether amounting to "obstruction" within meaning of Clause 11-Effect of Clauses 7 and 15-Arbitration-Award in favour of charterers.

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