In the case of ports which are frequently congested, or where the normal waiting place is outside the port limits, standard clauses are usually available which provide that laytime is to run from the time when a vessel reaches a specific point but is unable to proceed further
because of a shortage of berths or other obstruction. Such a clause will be effective even though the vessel does not become an arrived ship at that point. Thus in Compañia Naviera Termar v Tradax Export, where a vessel was chartered to carry a cargo of corn from the United States to Hull, the charter provided that, if the vessel was unable to berth at Hull because of congestion, ‘time to count from next working period after vessel’s arrival at Spurn Head anchorage’. The fact that a similar ‘Weser light’ clause was available in respect of the port of Brake, but had not been incorporated into the charter, was one of the reasons why the House of Lords in The Maratha Envoy felt justified in adopting a strict construction of the arrived ship concept in that case.