平码天下 www.gvspo.icu CHAPTER 3 第3章
Commencement of laytime
3.409 The legal reasons are perhaps more complex. The phrase WIBON usually appears in a clause dealing solely with the commencement of laytime. Although in his speech in The Kyzikos Lord Brandon referred to the availability of the berth in the present tense, there is no reason to suppose that by so doing he was intending to imply into it an ongoing meaning extending its effect from purely the commencement of laytime to the running of laytime and even demurrage. It may be that the authors of this de?nition were in?uenced by the meaning of the phrase ‘‘Time lost waiting for berth’’, which also relates to the availability of the berth in question. However, that phrase usually appears in a separate clause, or at least a separate sentence, to that dealing with the commencement of laytime and, by its reference to ‘‘time lost’’, the words themselves imply an ongoing situation.
3.410 Furthermore, there is a general principle that once laytime or time on demurrage commences, time runs continuously in the absence of a speci?c exception or interruption within the meaning of that term used in Chapter 4. It therefore follows, it is suggested, that at common law, the meaning of WIBON is con?ned to the commencement of laytime and thereafter time runs continuously until cargo operations are complete whether the berth becomes subsequently accessible or not, unless of course some other clause comes into play.