Informa Professional

New edition of reference book that helps you wade through the laytime quagmire
By Michael Grey
Wednesday July 19 2006

THE debate about who should bear the cost of a ship waiting off a port has rumbled on, probably for centuries, and it is as much of a controversy today. Indeed, there are new definitions as to when a ship has properly 'arrived' and laytime commences.

Consider the ship whose master is properly alert to pirates operating in the port approaches and does his waiting far out at sea, or the new changes imposed by security or sophisticated VTS which directs the movement of shipping, whether the master thinks it has arrived or not.Arrival and the effectiveness of a notice of readiness seem to remain as ambiguous as they ever have been.

And with daily costs remaining high with the demand for ships, clearly the market exerts another pressure. 'Commencement of Laytime' by the distinguished arbitrator Donald Davies now reaches its fourth edition and it is good to see Mr Davies, who has allegedly been "retiring" for some years, has lost none of his enthusiasm for this important subject.

It is helpful that he is a master mariner as well as a lawyer and, moreover, that he has vast personal experience to draw on in addition to the caseload of decades. "Commencement of laytime," says Mr Davies in his preface, "must surely be one of the most fertile areas for arbitrators and lawyers within the wider ambit of carriage of goods by sea." So there is plenty to occupy him in his latest scholarly volume.

Since 1998, which is when the third edition of this book was published, there have been a number of important judgments in the Court of Appeal and High Court, along with a "very large number" of London arbitrations in which laytime and its legal implications feature. Notable cases which Mr Davies deals with in detail concern the Happy Day, a case involving the commencement of loading and discharging as regards waiver and estoppel which can effect all voyage charterparties and international contracts for the sale of goods. The Mass Glory, Stolt Spur, Nikmary and Solon are other important new cases which are detailed here.

The Conoco Weather Clause is considered, while new sections of the book have been added to cover matters which affect the commencement of laytime, such as the 2004 ISPS Code, which has indeed had a commercial effect upon shipping, just as everyone said it would. This is a scholarly, readable book, which should act as a reliable reference for some time to come.

This subject is unlikely ever to be without controversy, but to read Mr Davies is to be better informed about the knotty problem of laytime and when a ship has arrived. And in his preface Mr Davies has added his customary plea for more awards of London arbitrations to be publicised. Few people will object to his argument for greater transparency. Commencement of Laytime (Fourth Edition) by Donald Davies is published by Informa, price £180.

ISBN 1-84311-530-1

For a free trial please visit www.lloydslist.com/try.

"DONALD Davies was the first person your editor interviewed when he (your editor) traded his slip case for a typewriter. He (Donald Davies) is arguably the most respected and forthright London maritime arbitrator of his generation, and one who furthermore has the all-too-rare ability, in the circles within which he operates, to combine humility with gravitas, enlivened by a keen sense of humour. Without his help, your editor would know very much less about arbitration than he does, which is an unthinkable thing.

Informa has just published the fourth edition of ‘Commencement of Laytime’, in which Donald has revised the 1998 edition of the book to include many important Court of Appeal and high court judgements, and London maritime arbitrations, affecting laytime. The important judgments embraced within the book include The Happy Day, The Mass Glory, The Stolt Spur, The Nikmary, and The Solon. New sections have also been added, such as those on the ISPS Code and the different types of clauses dealing with its effects, and international contracts of sale.

The book is highly recommended for its in-depth examination of all important financial aspects of laytime. It is written in a style which is very readable by lay people, and which will earn the respect of lawyers and arbitrators alike."

Chris Hewer, Editor, Maritime Advocate Online/AfterOfficeHours.com

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