p>The Aconcagua Bay was voyage chartered for the carriage of cargo from the US Gulf. The charter provided:
"Loading port or place ... 1 good safe berth always afloat always accessible ..."
Whilst the vessel was loading, a bridge and lock were damaged and the vessel was unable to leave the berth for 14 days after she had completed loading. Owners claimed from charterers damages for detention for the period of delay.
The issue was whether the warranty in a voyage charter that the berth is "always accessible" means that the vessel is always able not only to enter, but also to leave, the berth. The arbitrator found that the warranty referred to entry only, and not to departure. Owners appealed.
Held (Robin Knowles J):
The appeal was allowed.
There were authorities on "always accessible" in relation to a vessel's arrival, but none concerning departure.
Where commercial parties have addressed the question of accessibility of a berth, there was no basis for a conclusion that they should be taken to have addressed entry alone. A reasonable commercial party looking at the subject of berthing would bear all aspects in mind and not confine itself to getting into the berth.
The term "reachable on arrival" can be found in some charterparties and clearly applies to arrival only. There is therefore a choice of vocabulary for parties to use: "always accessible" applies to departure as well as entry and "reachable on arrival" applies to entry alone. The phrases "always accessible" and "reachable on arrival" are to the same effect only so far as arrival is concerned.
(Seatrade Group NV v Hakan Agro DMCC sub nom The Aconcagua Bay [2018] EWHC 654 (Comm))
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