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Berth and Port Charters

Time Lost Clauses
Last updated: 06-Oct-2014

Aldebaran Compania Maritima SA Panama v Aussenhandel AG Zurich (The Darrah), [1977] AC 157, per Lord Diplock:

In a berth charter the effect of the [time lost] clauses is to put the shipowner in the same position financially as he would have been if, instead of being compelled to wait, his vessel had been able to go straight to her berth and the obligations of the charterer to carry out the loading or discharging operation had started then. In a port charter the clauses are superfluous so far as concerns time spent in waiting in turn within the limits of the port. This counts as Laytime anyway; it is Laytime. The clauses would however have the same effect as in a berth charter in respect of ports like Hull or Glasgow where the usual waiting place is outside the limits of the port.

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