Содержание
Laycan determines when a voyage truly begins. A vessel arriving too early waits idle; a vessel arriving too late risks losing the charter entirely. This article deconstructs laycan as a contractual mechanism — from its structure to its practical consequences for both shipowner and charterer.
What Laycan Means
Laycan is shorthand for “laydays/cancelling” — a date window in a voyage charterparty comprising two distinct elements:
- Laydays (the first date) — the earliest day on which laytime can commence. Until this date arrives, laytime does not run even if the vessel has arrived and tendered Notice of Readiness (NOR).
- Cancelling date (the second date) — the final day by which the vessel must be ready to load. If the vessel is not ready by this date, the charterer gains the right to cancel the charter.
The notation “laycan 10/20 April” reads as: laytime may begin no earlier than 10 April, but if the vessel is not ready by 20 April, the charterer is entitled to cancel. The cancelling clause itself — its nature and limitations — is covered in detail in a separate article on cancellation rights.
In Asbatankvoy, one of the most widely used tanker charterparty forms, laycan is codified in Clause 5. The opening sentence addresses laydays (“Laytime shall not commence before the date stipulated in Part I, except with the Charterer’s sanction”), while the remainder deals with the cancelling date and the mechanics of cancellation.
Laycan Spread: The Commercial Logic Behind the Window
The difference between laydays and cancelling date — the laycan spread — carries real commercial weight. This is far more than a technical detail; the width of the window reflects how risk is allocated between the parties.
A narrow spread (say, 3–5 days) favors the charterer. It brings predictability: cargo and port facilities can be prepared for specific dates, terminal charges are minimized, and if the vessel is late, the cancelling date arrives quickly, allowing the charterer to fix a replacement. For the shipowner, a narrow spread spells elevated risk: any delay in the previous load port or adverse weather can cause the vessel to miss the cancelling date.
A wide spread (10–14 days or more) suits the shipowner better: there is a buffer for the unexpected. Yet for the charterer, this creates inconvenience — the vessel’s arrival remains uncertain, and berth and cargo must be held ready for an extended period.
In practice, laycan spread depends on the route. Short-sea voyages (within the Mediterranean, for instance) typically accommodate a 3–5 day spread. Ocean passages (South America to Europe, Black Sea to Southeast Asia) often require 10–14 days to account for unpredictable passage time.
Early Arrival: When a Vessel Comes Before Laydays
If a vessel arrives in port before laydays commences, laytime does not begin to run. The vessel waits, and that waiting time is the shipowner’s cost. The charterer is under no obligation to commence loading before the date stipulated in the charter.
However, the charterparty may provide for early loading. Some forms contain clauses permitting the charterer (but not obliging him) to begin cargo operations before laydays. If he does so, a key question arises: how does early commencement affect laytime calculation?
In Asbatankvoy, this is governed by the phrase “except with the Charterer’s sanction” in Clause 5. If the charterer authorizes loading to begin before laydays, laytime may commence early. But how much time is “saved” and credited back is a matter of specific contractual language. Some charters credit only time actually used in early loading; others credit all time saved relative to the standard laytime commencement.
NOR and Laydays: When Can Notice of Readiness Be Tendered?
Notice of Readiness (NOR) — the vessel’s declaration that it is ready for cargo operations — is directly tied to laycan. The general rule: NOR may be tendered no earlier than laydays, and laytime begins to run upon its valid service, subject to the charterparty’s terms.
But what if the vessel arrives and is ready before laydays? Can it tender NOR in advance so that laytime begins to accrue immediately upon the arrival of laydays?
This depends on the specific charterparty language and the NOR clause. If the charter expressly conditions the validity of NOR on the arrival of laydays, premature tender will be ineffective. If no such express bar exists, NOR may be tendered early, and laytime will commence on the first moment of laydays.
Narrowing the Laydays: Contractual Precision
Some charterparties contain a narrowing clause — a provision requiring one party (typically the charterer) to narrow the initial date window to a more precise range.
In Universal Bulk Carriers v Andre et Cie [2001] 2 Lloyd’s Rep. 65, a vessel was fixed on Baltimore Berth Grain Form C with a narrowing clause: “laycan on first half December to be narrowed to 10 days spread 32 days prior to the first layday.” The charterer failed to serve the narrowed dates within the contractual deadline. When the shipowner asserted the right to cancel for breach, the charterer argued that the narrowing clause was merely an option — discretionary, not binding. Longmore J, and the Court of Appeal on appeal, rejected this argument: the clause did impose an obligation on the charterer, and its non-performance was a breach of contract. However, the court held that this breach was not a condition and did not go to the root of the contract. As the court observed, a narrowing clause of this kind exists primarily for the benefit of the charterer — it is the charterer who, knowing when its cargo will be ready, is supposed to tighten the window. By failing to do so, the charterer deprived itself of the more precise dates, but the shipowner was left in exactly the position it had originally bargained for under the contract — with the wider laycan window. The adequate remedy for the shipowner was therefore damages (which in this case were not in fact proved), not termination of the charter.
This case illustrates a practical tension: a narrowing clause may impose a duty on one party, but its breach does not necessarily entitle the other party to cancel.
Port Charterparties and Laycan: The Berth Reachable Issue
In a port charterparty — where the place of delivery is named as a port rather than a specific berth — the vessel is deemed to have arrived when it reaches the port’s administrative boundaries and takes up a customary anchorage. But if no berth is immediately available, the vessel waits.
Here, laycan intersects with a fundamental and contentious question: who bears the cost of waiting for a berth — one of the most disputed issues in charterparty law.
Historically, in a port charterparty without specific language, waiting time for a berth (whether before or after NOR was tendered at the berth) could fall outside the laytime calculation. This created a scenario where the vessel arrived within the laycan window, yet laytime did not run while the vessel lay at anchor — a windfall for the charterer.
The modern solution is the WIBON clause (“Whether In Berth Or Not”), now standard in most contemporary forms. Gencon 1994 incorporates WIBON directly in Clause 6: laytime commences upon valid NOR service even if the vessel has not yet reached a berth. The charterer bears the risk of waiting time. In the context of laycan, this means: if the vessel arrives within the window, tenders NOR, and waits for a berth, laytime is already running, and the cancelling date is unaffected.
Laycan Across Different Charterparty Forms
Laycan is endemic to voyage charters, though analogous mechanisms appear in time charters as well.
In a voyage charter, laycan is nearly universal. Gencon 1994 specifies laycan in Box 21 (Part I); Asbatankvoy places it in Part I(B). Variations between forms largely concern the mechanics of the cancelling clause (detailed separately), not laycan itself.
In a time charter, the equivalent is the delivery window — the period within which the shipowner must place the vessel at the charterer’s disposal. NYPE 2015 and Baltime both provide for a delivery range (earliest/latest delivery date). Failure to meet this window gives the charterer a right to cancel — the same logic as the cancelling clause in a voyage charter, adapted to a different charterparty structure.
Practical Takeaways
Laycan is not merely a pair of dates on a charterparty. It is a risk-allocation mechanism and a coordination device between shipowner and charterer. Laydays mark the earliest moment laytime can commence; cancelling date marks when the charterer’s patience expires. The spread between them reflects the balance of commercial interests, the route, and the inherent uncertainty in vessel scheduling.
For the charterer, laycan is a safeguard: cargo and port resources are committed to specific dates. For the shipowner, it is an obligation — breach of which can forfeit the charter. Mastery of laycan mechanics — from NOR to narrowing clauses — helps both parties avoid the missteps that, in practice, trigger disputes and arbitration.
If you have questions about laycan, cancelling clauses, or need assistance with a charterparty dispute, feel free to get in touch:
