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Lloyd's Maritime Law Newsletter

London Arbitration 11/00

Laytime - Free pratique - Charterparty providing that notice of readiness could be tendered whether in free pratique or not - NOR tendered on arrival off loading port - Port health authorities subsequently discovering that four crew members did not have valid vaccination certificates for yellow fever and delaying grant of free pratique for 13 days - Whether NOR valid or whether laytime did not begin to run until after free pratique granted

This dispute concerned the time of commencement of laytime at the loading port. The owners submitted that laytime commenced at 1300 on 28 May whereas the charterers contended that the laytime clock did not start running until 0700 on 10 June. The difference arose out of the position taken by the charterers that the vessel’s initial notice of readiness was bad in that the master and three other crew members did not have valid vaccination certificates when the vessel arrived off the loading port, and that that amounted to unreadiness of the vessel to load, which unreadiness was not cured until late on 9 June when the vessel obtained free pratique and the port authority authorised the vessel to berth.

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