MOOR LINE, LTD. v. MANGANEXPORT G.m.b.H.

(1936) 55 Ll.L.Rep. 114

KING'S BENCH DIVISION.

Before Mr. Justice Branson.

Charter-party-Lay days-Commencement -Provisions of charter: "(2) That the said ship . . . shall . . . proceed with all convenient speed to Nicolaieff or Poti as ordered as per Clause 36 and there load always afloat in the customary manner, in usual turn with other steamers loading ore for account of same charterers, when, where and as soon as ordered by shipper's agent, a full and complete cargo of ore . . . (6) Time for loading to count from 6 a.m. after the ship is reported and ready, and in free pratique (whether in berth or not) in accordance with Clause 2. . . . (10) . . . Lay days are not to commence to count before June 10, 1934, unless loading sooner commenced. (36) Orders for port of loading to be given at Istanbul within six working hours from the handing in by the captain of notice of his arrival at Istanbul. Any detention over and above six working hours to count as lay days, Sundays and holidays excepted. In any case charterers are not obliged to give orders earlier than three days before commencement of lay days. . . ." Dispute as to when lay days commenced to run -Arbitration-Case stated under Arbitration Act, 1934, Sect. 9 (1) (a)- Contention by shipowners that lay days commenced at 6 a.m., after vessel had arrived at her loading port, was in free pratique, and had given notice of readiness, even though she had not got to her berth-Contention by charterers that lay days did not commence until vessel came on turn.