By checking the wording of the charter party to establish whether it is a port charter party or a berth charter party, and checking the ship’s position.
If a port is defined as the place for loading without specifying a particular loading berth, the charter party is a port charter party and it is unnecessary to be on a berth to be an arrived ship; as long as the ship is within port limits, is at the usual place where ships wait for a berth, and is at the immediate and effective disposition of the charterers, all delays in berthing will be for charterers’ account. If a particular berth is defined as the loading place, the charter party is a berth charter party and the vessel becomes an arrived ship only when she has reached the specified berth. Owners prefer port charter parties.
