Statement of Facts (SOF) in Ship Chartering

Statement of Facts (SOF) is one of the most important operational, commercial, and evidential documents in ship chartering. It records the factual chronology of a ship’s port stay from arrival at or off the port until completion of loading or discharging and departure. Shipowners, Charterers, ship operators, ship agents, shipbrokers, demurrage departments, cargo interests, terminal operators, surveyors, and maritime lawyers rely on the Statement of Facts (SOF) to understand what happened during the port call and to calculate laytime, demurrage, despatch, detention, and delay claims.

Statement of Facts (SOF) is not merely a port form. It is the factual backbone of voyage charter performance. A voyage charter is highly time-sensitive because the ship earns freight for carrying cargo, while Charterers are allowed only a defined period for loading and discharging. If the ship is delayed, the financial result may depend on the exact hour, and sometimes the exact minute, when events occurred. For that reason, an accurate Statement of Facts (SOF) can decide whether money is payable, by whom, and for how much.

Statement of Facts (SOF) is generally prepared by the port agent, Shipowner’s agent, ship agent, terminal representative, or in some ports with direct input from the Ship Master. The document is normally signed by the Ship Master and may also be signed by the ship agent, Charterers’ representative, shippers, receivers, terminal representative, cargo surveyor, or other parties with an interest in the ship and cargo. The signature is important because many courts and arbitral tribunals may treat a properly signed Statement of Facts (SOF) as prima facie evidence of the dates and times recorded in it.

Statement of Facts (SOF) usually records the date and time of the ship’s arrival, tendering and acceptance of Notice of Readiness (NOR), waiting for berth, pilot boarding, berthing, all fast, free pratique, customs clearance, cargo survey, hold inspection, commencement of loading or discharging, stoppages, weather interruptions, strikes, equipment breakdowns, shifting, completion of cargo operations, cargo documentation, unberthing, and sailing. It also records the reasons for stoppages and the daily quantity of cargo loaded or discharged where applicable.

The Statement of Facts (SOF) must be factual, chronological, and neutral. It should not be written as an argument for Shipowners or Charterers. Its purpose is to describe events accurately. The legal and contractual consequences of those facts are normally dealt with later in the laytime statement, demurrage calculation, despatch calculation, or charterparty claim.

What is a Statement of Facts (SOF) in Shipping?

What is a Statement of Facts (SOF) in Shipping? A Statement of Facts (SOF) in shipping is a written chronological record of the main events that occur during a ship’s stay in port. It is used to document the port call, cargo operations, readiness status, delays, weather interruptions, and departure. It is one of the key documents used to establish how much time was used for loading or discharging under a voyage charterparty.

In simple terms, the Statement of Facts (SOF) answers the practical question: what happened to the ship at the port, and when did it happen? It records the timeline that later allows the parties to decide whether laytime has started, whether time has stopped, whether demurrage has accrued, whether despatch is payable, and whether any delay is for Shipowners’ or Charterers’ account.

A well-prepared Statement of Facts (SOF) should contain more than basic arrival and departure entries. It should identify the port, berth, ship, cargo, cargo quantity, loading or discharging rate, weather, stoppages, reasons for stoppages, cargo gear used, shore equipment, number of gangs, documents tendered, inspections, surveys, and any protests or remarks. The more complete the Statement of Facts (SOF), the easier it becomes to prepare an accurate laytime calculation.

Why Statement of Facts (SOF) are vital in Shipping?

Why Statement of Facts (SOF) are vital in Shipping? Statement of Facts (SOF) documents are vital because shipping disputes often depend on time. A voyage charterparty may allow a fixed number of weather working days, running hours, working days, or laydays for loading and discharging. Once that time is exceeded, demurrage may be payable. If less time is used, despatch may be payable if the charterparty provides for it. The Statement of Facts (SOF) provides the factual material for those calculations.

Statement of Facts (SOF) documents are also vital because they create transparency. Shipowners and Charterers may be located in different countries. Cargo interests, receivers, shippers, brokers, agents, and terminals may all have different commercial interests. The Statement of Facts (SOF) gives all parties a common record of the port call.

The Statement of Facts (SOF) is vital for legal evidence. When disputes arise months after the ship has sailed, memories fade, agents change, emails are lost, and port staff may not remember details. A signed Statement of Facts (SOF) created at the time of the event may carry significant evidential weight. This is why masters and agents should never sign a Statement of Facts (SOF) without reading it carefully.

What is the Statement of Facts (SOF) in chartering?

What is the statement of facts in chartering? In chartering, the statement of facts is the document that records all port events relevant to the charterparty. It is especially important in voyage chartering because the charterparty allocates time risk between Shipowners and Charterers. The statement of facts allows the parties to identify when the ship became an arrived ship, when Notice of Readiness was tendered, when laytime began, when laytime stopped, when demurrage began, and when cargo operations were completed.

The statement of facts in chartering is different from a simple port log. A port log may be an internal record maintained by the ship or agent. The Statement of Facts (SOF) is a commercial document intended for all interested parties and usually signed by the master and other representatives. It is drafted with laytime and demurrage calculation in mind.

Chartering departments use the Statement of Facts (SOF) to prepare voyage results. Shipbrokers use it to understand port performance. Demurrage analysts use it to calculate claims. Legal advisers use it to examine disputes. Operations teams use it to compare expected port time with actual port time. For this reason, the document must be clear, complete, and consistent.

What is SOF? Why is it important?

What is SOF? Why is it important? SOF means Statement of Facts. It is important because it records port events in a structured, chronological format. Without a Statement of Facts (SOF), a laytime calculation becomes dependent on fragmented evidence, such as emails, logs, terminal reports, weather records, cargo tallies, or witness recollections.

The SOF is important because it records neutral facts before the commercial dispute becomes fully developed. At the time the Statement of Facts (SOF) is prepared, the parties may not yet know whether the final result will be demurrage, despatch, detention, or no claim. A properly completed SOF therefore protects all parties by preserving the timeline.

SOF is important because it identifies delay causes. It is not enough to record that cargo operations stopped. The SOF should record why they stopped. A stoppage caused by rain may be treated differently from a stoppage caused by ship gear failure. A stoppage caused by lack of trucks may be treated differently from a stoppage caused by port authority closure. The reason matters as much as the time.

Statement of Facts (SOF) - Statement, generally signed by the master, recognized by many courts as prima facie evidence

Statement of Facts (SOF) - Statement, generally signed by the master, recognized by many courts as prima facie evidence of the date and time of the ship’s arrival, and the commencement and completion of loading and discharging, is a central evidential document in charterparty practice. Prima facie evidence means that the document may be accepted as initial evidence of the facts recorded in it unless contrary evidence is produced.

The Statement of Facts (SOF) details the quantity of cargo loaded or discharged each day, the hours worked, and the hours stopped. It should also include reasons for stoppages, such as bad weather, strikes, equipment breakdown, lack of cargo, lack of trucks, shore labour shortage, terminal closure, crane failure, cargo survey, draft survey, fumigation, customs delay, or documentation delay.

Because the SOF may later become evidence, the master’s signature should not be treated as routine. If the master disagrees with an entry, the master should amend the document or sign under protest with a clear written reservation. Similarly, Charterers’ representatives, shippers, receivers, or terminals may add remarks if they disagree with the recorded facts.

Statement of Facts (SOF) is Vital in Shipping

Statement of Facts (SOF) is Vital in Shipping because the entire voyage result may depend on the time recorded in the document. For a large dry bulk ship or tanker, one day of demurrage may be financially significant. If the SOF incorrectly records a stoppage, omits a delay, misstates NOR acceptance, or fails to identify the reason for an interruption, the error may directly affect the amount payable.

The Statement of Facts (SOF) is also vital because it supports operational learning. Shipowners and Charterers can review SOF records to understand whether a terminal is efficient, whether a port suffers chronic congestion, whether a cargo is slow to load, whether weather affects a particular season, or whether a receiver regularly delays discharge. This information improves future chartering decisions.

For commodity traders, miners, grain houses, oil companies, steel traders, and fertilizer traders, Statement of Facts (SOF) data is part of supply-chain control. It shows how long cargo remained at port, how long the ship waited, how efficiently the berth worked, and whether delays were caused by ship, shore, cargo, weather, or documentation.

Why the Statement of Facts is Essential in Shipping?

Why the Statement of Facts is Essential in Shipping? The Statement of Facts is essential because it turns a complex port operation into a traceable timeline. A port stay may involve anchorage waiting, inward clearance, pilotage, tugs, berthing, cargo inspection, loading or discharge, weather stoppages, survey work, shifting, documentation, and outward clearance. The SOF organizes these events into a single record.

The Statement of Facts is essential because laytime is not calculated from general impressions. It is calculated from exact times and contractual rules. If the document says loading stopped at 15:30 because of rain, that time may be treated differently from a stoppage at 15:30 because the ship’s cranes failed. Without the SOF, the parties may have no reliable common starting point.

The Statement of Facts is also essential because it helps prevent disputes before they grow. When all parties review and sign the document before the ship sails, disagreements can be identified immediately. If someone disagrees, the issue can be recorded under protest rather than being discovered weeks later when documents are exchanged for demurrage settlement.

Exploring the Statement of Facts (SOF) in Shipping

Exploring the Statement of Facts (SOF) in Shipping means looking at the document as more than a list of times. A complete SOF reflects the commercial life of the port call. It shows when the ship became available, when the port accepted the ship, whether cargo was ready, whether the berth was available, whether weather interfered, whether shore equipment worked, whether ship gear caused delay, and when the cargo operation finished.

In dry cargo trades, the Statement of Facts may record hold inspections, draft surveys, hatch movements, trimming, tallying, fumigation, moisture-related stoppages, number of gangs, cranes used, and daily loading or discharging quantities. In tanker trades, it may record NOR, free pratique, all fast, hose connection, sampling, ullaging, cargo hose pressure, pumping rates, pressure restrictions, stoppages, stripping, hose disconnection, and documentation.

Exploring the SOF also means understanding that the document is not self-executing. It does not automatically determine demurrage. It records the facts. The charterparty determines whether those facts count as laytime, exceptions, demurrage, despatch, or detention.

What is the Statement of Facts (SOF) for Demurrage?

What is the Statement of Facts (SOF) for Demurrage? The Statement of Facts (SOF) for demurrage is the factual document used to support or challenge a demurrage claim. Demurrage is payable when Charterers exceed the agreed laytime. To prove demurrage, Shipowners must show when laytime started, how much laytime was allowed, how much time was used, what periods counted, what periods were excluded, and when demurrage began.

The SOF is the first document a demurrage analyst examines. It shows the arrival time, NOR tender, NOR acceptance, berth waiting, cargo start, cargo stoppages, completion, and sailing. From those entries, the analyst prepares the laytime statement and applies the charterparty wording.

A demurrage claim may fail or be reduced if the SOF is incomplete. For example, if weather stoppages are not properly recorded, Charterers may dispute whether the time should count. If NOR acceptance time is missing, Charterers may argue that laytime did not start. If the SOF records cargo stoppage but not the reason, the parties may disagree about responsibility. Therefore, SOF quality directly affects demurrage recovery.

Statement of Facts and Charter Party Disputes

Statement of Facts and Charter Party Disputes are closely connected because many charterparty disputes depend on port chronology. Disputes may involve Notice of Readiness, arrived ship status, laytime commencement, weather exceptions, strike clauses, berth congestion, shifting, ship gear breakdown, terminal delay, cargo readiness, documentation delay, pumping performance, slow discharge, demurrage, despatch, detention, and cancellation issues.

The Statement of Facts (SOF) may not decide the legal issue by itself, but it provides the facts on which legal arguments are built. If the charterparty says laytime starts six hours after valid NOR is tendered, the SOF must show when NOR was tendered and whether it was accepted. If the charterparty excludes time lost due to rain, the SOF must show the rain period and whether cargo operations were actually prevented.

Charterparty disputes often arise because one party treats the SOF as final proof while the other treats it as incomplete or incorrect. A signed SOF may be powerful evidence, but it can still be challenged by reliable contrary evidence, such as terminal logs, weather reports, ship logs, emails, port authority records, pumping logs, or survey reports. Therefore, accuracy at the time of signing is essential.

Statement of Facts (SOF) and LAYTIME

Statement of Facts (SOF) and LAYTIME are inseparable in voyage chartering. Laytime is the time allowed to Charterers for loading and discharging. The SOF records the events from which laytime is counted. If the SOF is wrong, the laytime calculation is likely to be wrong.

Laytime calculation normally requires several questions: when did the ship arrive at the contractual destination? Was the ship ready to load or discharge? When was NOR tendered? Was NOR valid? When did laytime begin under the charterparty? What time counts? What time is excepted? When did demurrage begin? Did any exception continue after demurrage? Was laytime reversible? Was despatch payable?

The SOF supplies the dates and times needed to answer those questions. However, it does not replace the charterparty. For example, the SOF may record that loading stopped due to rain. Whether that period is excluded depends on the charterparty wording, such as weather working days, SHEX, SHINC, WWD, WIPON, WIBON, time lost waiting for berth, or special rider clauses.

Aspects of Timing in a Ship Voyage Charter

Aspects of Timing in a Ship Voyage Charter include arrival, readiness, NOR, laytime commencement, cargo operations, stoppages, completion, demurrage, despatch, and departure. The Statement of Facts (SOF) records all of these timing elements in one document.

Timing starts before cargo operations begin. A ship may arrive at roads, port limits, anchorage, pilot station, customary waiting place, or berth. Whether that arrival is sufficient depends on whether the charterparty is a port charterparty or berth charterparty and whether special wording permits NOR to be tendered before berthing. The SOF should record the precise place and time of arrival.

NOR timing is equally important. A tendered NOR may be valid or invalid. It may be accepted immediately, accepted after free pratique, accepted after berthing, or rejected. The SOF should record these events exactly because laytime may depend on them.

Cargo-operation timing should include commencement, stoppages, resumes, completion, and reasons. Departure timing should include completion of cargo, documents onboard, pilot ordered, pilot boarded, unberthing, and sailing. Each entry may matter in a later claim.

BIMCO Standard Statement of Facts (SOF)

BIMCO standard Statement of Facts (SOF) provides a recognized format for recording port events. Standard forms are useful because they remind agents and masters to include the information required for laytime and demurrage analysis. The BIMCO standard Statement of Facts is commonly associated with dry cargo ship agency practice, and BIMCO also provides forms for oil and chemical tanker operations.

A standard SOF format may include ship details, port details, cargo details, arrival, NOR, berth information, number of gangs, quantity loaded or discharged, stoppage periods, remarks, weather, shifting, completion, and signatures. The format helps parties avoid missing essential data.

Using a BIMCO standard Statement of Facts does not automatically prevent disputes. The form must still be completed accurately. If agents insert wrong times, omit reasons, fail to identify stoppages, or allow unclear remarks, the standard form cannot cure the problem. The quality of the SOF depends on the quality of the information entered.

BIMCO Standard Statement of Facts

BIMCO Standard Statement of Facts forms are useful because they encourage consistency across ports and trades. BIMCO forms are often used by ship agents and are recognized by many commercial parties. A standard form is especially helpful when the same demurrage team must review SOFs from many ports and ships.

There may be longer and shorter forms. Short forms may be suitable for simple port calls. More detailed forms may be required for complex dry bulk, tanker, chemical, or multi-berth operations. A tanker SOF may need additional fields for hose connection, cargo survey, tank inspection, pumping periods, manifold pressure, stoppages, and terminal restrictions.

Even when a BIMCO format is used, Shipowners and Charterers should ensure that the SOF records all charterparty-relevant events. If the charterparty has special clauses, the SOF should be adapted to record the facts needed for those clauses. For example, if weather exceptions are important, weather stoppages should be recorded clearly. If shifting is for Charterers’ account, shifting times should be recorded clearly.

Standard Statement of Facts Template

Standard Statement of Facts Template should be designed to capture all information required for laytime, demurrage, despatch, operational analysis, and evidence. A practical template should include the following sections:

Header: Ship name, IMO number, flag, port, berth, voyage number, agent, Shipowner, Charterer, cargo, quantity, and charterparty date.
Arrival Information: ETA, arrival at roads, arrival at anchorage, arrival at port limits, pilot station arrival, and draft on arrival.
Readiness Information: NOR tendered, method of tender, recipient, NOR accepted, NOR rejected, free pratique, customs clearance, hold inspection, tank inspection, and readiness remarks.
Berthing Information: Pilot boarded, anchor aweigh, tugs made fast, first line ashore, all fast, gangway down, berth name, and berth shift details.
Cargo Operations: Start time, stop time, resume time, completion time, quantity loaded or discharged each day, number of gangs, cranes, grabs, belts, pumps, or hoses used.
Stoppages: Time stopped, time resumed, reason for stoppage, party responsible, supporting remarks, weather condition, strike, breakdown, lack of cargo, lack of trucks, survey, or port instruction.
Departure: Cargo completed, documents completed, pilot ordered, pilot onboard, last line let go, sailed, draft on sailing, and next port.
Remarks and Protests: Any disagreement, reservations, letters of protest, weather remarks, cargo remarks, or terminal remarks.
Signatures: Ship Master, agent, Charterers’ representative, terminal, shipper, receiver, surveyor, or other relevant party.

A strong template prevents missing information. However, a template should not become a mechanical checklist. The agent and master must still record unusual facts and cargo-specific issues.

Documents handled by ship agents

Documents handled by ship agents during a port call include many documents connected with readiness, cargo operations, regulatory clearance, port services, and departure. The Statement of Facts (SOF) is one of the most important, but it is not the only document.

Common documents handled by ship agents may include Notice of Readiness, Statement of Facts, time sheet, arrival report, departure report, berth application, port clearance, customs documents, immigration documents, free pratique documents, crew lists, cargo manifests, Bills of Lading, mate’s receipts, cargo declarations, dangerous goods declarations, hold inspection certificates, draft survey reports, ullage reports, pumping logs, letters of protest, agency appointment letters, port disbursement accounts, and departure clearance.

The ship agent’s role is critical because the agent often gathers the facts that later become the SOF. If the agent records events incorrectly, the demurrage claim may be weakened. If the agent fails to record a stoppage reason, the parties may later dispute who caused the delay. Agents should therefore treat SOF preparation as a high-value commercial responsibility.

Statement of Facts (SOF) and Notice of Readiness (NOR)

Notice of Readiness (NOR) is one of the most important entries in the Statement of Facts (SOF). The NOR is the master’s notice that the ship has arrived at the contractual destination and is ready in all respects to load or discharge. Most voyage charterparties make the commencement of laytime dependent on a valid NOR.

The SOF should record the exact time NOR was tendered, the method of tender, the recipient, the place of tender, whether it was accepted, and whether there was any protest or rejection. A vague entry such as “NOR tendered AM” is not enough for serious laytime analysis.

If NOR is invalid, laytime may not commence unless Charterers waive the defect or the charterparty provides otherwise. Common NOR problems include tendering before arrival at the contractual destination, tendering before the ship is physically ready, tendering before holds are clean, tendering before free pratique where required, or tendering outside permitted office hours.

Statement of Facts (SOF) and Demurrage Claims

A demurrage claim normally includes the charterparty, Statement of Facts, NOR, laytime statement, invoices, supporting documents, and sometimes weather reports or terminal records. The Statement of Facts (SOF) is the central chronological document. Without it, the demurrage claim may be difficult to prove.

The SOF should identify periods that may count as laytime and periods that may be excluded. However, the SOF should not be artificially drafted to support only one side. If cargo stopped because of rain, it should say rain. If cargo stopped because no trucks were available, it should say no trucks. If cargo stopped because the ship’s crane failed, it should say ship crane failure. The legal consequences can then be argued separately.

Demurrage disputes often arise when the SOF contains general wording such as “no work,” “delay,” “standby,” or “stoppage” without explanation. These vague words invite disagreement. A good SOF records what happened, why it happened, and when it started and ended.

Statement of Facts (SOF) and Despatch Claims

Despatch is the opposite of demurrage in commercial effect. It may be payable when Charterers use less than the allowed laytime. The Statement of Facts (SOF) is also important for despatch because Charterers may rely on it to show that the ship was loaded or discharged faster than the charterparty allowance.

Despatch calculations may depend on all time saved, working time saved, weather working time saved, or another charterparty formula. Therefore, the SOF must still be detailed. A Charterer claiming despatch needs the same quality of facts as a Shipowner claiming demurrage.

Statement of Facts (SOF) and Weather Delays

Weather delays must be recorded carefully because weather clauses can be highly technical. The SOF should show when bad weather began, when it ended, whether cargo operations stopped, whether work could continue in some holds, whether shore equipment stopped, whether the terminal ordered stoppage, and what cargo was affected.

For dry bulk cargo, rain may stop loading of grain, fertilizer, cement, salt, sugar, steel, or other moisture-sensitive cargo. For tankers, weather may affect berthing, hose connection, cargo transfer, or safety operations. For some cargoes, high wind, swell, lightning, snow, or freezing conditions may be relevant. The SOF should identify the actual weather effect rather than simply record “bad weather.”

Statement of Facts (SOF) and Cargo Quantity

The Statement of Facts (SOF) often records the quantity of cargo loaded or discharged each day. This is important because cargo quantity helps explain productivity, stoppages, and completion. If only a small quantity was loaded during a long period, the SOF should help explain why.

Daily cargo quantities may be supported by tally sheets, draft surveys, terminal records, shore scale records, pump logs, ullage reports, or cargo survey certificates. Where quantity is disputed, the SOF may not be enough by itself, but it remains an important operational record.

Statement of Facts (SOF) in Dry Bulk Chartering

In dry bulk chartering, the SOF is usually central to demurrage because dry bulk cargo operations may be affected by weather, cargo availability, berth congestion, shore equipment, hatch operations, draft surveys, trimming, and port working hours. The SOF should record the number of gangs, number of cranes, loading or discharging rates, hatch changes, stoppages, and quantities.

For grain cargoes, the SOF should record rain stoppages, fumigation, hold inspections, sampling, draft surveys, and cargo completion. For coal, it may record temperature checks, trimming, dust, and safety stoppages. For iron ore, it may record draft surveys, loading rates, and berth restrictions. For cement, it may record moisture stoppages and dust-control issues. The document should reflect the trade.

Statement of Facts (SOF) in Tanker Chartering

In tanker chartering, the SOF is often more technical because cargo transfer depends on pumps, hoses, shore tanks, vapour systems, safety checks, ullaging, sampling, cargo temperature, pressure restrictions, and terminal instructions. Tanker demurrage claims often turn on whether delay was caused by ship pumps, shore tanks, terminal restrictions, cargo quality checks, weather, or documentation.

A tanker SOF should record NOR tender and acceptance, free pratique, all fast, gangway down, hose connected, cargo survey started, cargo survey completed, loading or discharge started, pumping stopped, pumping resumed, stripping, hose disconnected, documents onboard, pilot onboard, and sailing. Pumping logs and pressure records may be attached or referenced.

Digital Statement of Facts: Modern Answer to Port Operations

Digital Statement of Facts: Modern Answer to Port Operations refers to the movement from paper, spreadsheet, scanned PDF, and email-based SOF handling toward structured digital records. In many ports, SOFs are still prepared manually, signed physically, scanned, emailed, corrected, re-sent, and manually entered into demurrage systems. This creates delay and error.

A digital Statement of Facts can allow agents, masters, terminals, Shipowners, Charterers, and surveyors to record events in real time. Entries may be time-stamped, standardized, validated, and shared with authorized parties. This reduces transcription errors and gives demurrage teams faster access to reliable data.

Digital SOF systems can also connect with port call management, laytime software, demurrage platforms, weather data, AIS data, terminal systems, and document workflows. The result is better visibility over port operations and faster settlement of laytime claims.

Digital Statement of Facts and the Future of Demurrage

Digital Statement of Facts and the Future of Demurrage are closely linked because demurrage settlement is often delayed by poor documents. Traditional SOFs may be handwritten, scanned, incomplete, or inconsistent. Demurrage analysts then spend time interpreting unclear entries, checking emails, asking agents for corrections, and reconciling data.

Digital SOF can improve demurrage handling by creating structured data from the beginning. If arrival, NOR, berth waiting, cargo start, stoppages, completion, and departure are captured in standardized fields, the data can flow directly into laytime software. This reduces manual input and allows quicker claim preparation.

Digital SOF may also reduce disputes because parties can review events as they occur. If Charterers disagree with a stoppage reason, they can raise the issue during the port call rather than weeks later. If the master disagrees with a terminal entry, the protest can be recorded immediately. Real-time visibility improves accountability.

The future of demurrage will likely depend increasingly on data quality. A digital SOF does not change the charterparty, but it improves the evidence used to apply the charterparty. The strongest digital systems will combine accurate timestamps, clear responsibilities, supporting attachments, protest fields, user approvals, and secure audit trails.

Statement of Facts (SOF) Signing Under Protest

Signing under protest is an essential safeguard. If the master or another party disagrees with an entry, they should not sign silently. They should write a clear protest. The protest should identify the disputed entry and explain the objection.

Examples include: “Signed under protest: rain did not prevent cargo operations during the stated period,” “Signed under protest: stoppage from 0800 to 1200 was caused by shore crane breakdown,” “Signed under protest: NOR was not accepted at the time recorded,” or “Signed under protest: delay was caused by lack of receivers’ trucks.”

A protest should be precise. Vague wording such as “all rights reserved” may be less useful than a specific objection. The purpose is to preserve evidence while allowing the port paperwork to move forward.

Statement of Facts (SOF) Common Mistakes

Common SOF mistakes include wrong time zone, missing NOR time, missing NOR acceptance, unclear berth waiting, failure to identify port limits, missing all fast time, missing cargo completion time, vague stoppage reasons, failure to record weather impact, failure to record shifting, missing daily cargo quantities, unsigned forms, late corrections, and signatures without protest despite disagreement.

Another common error is confusing the SOF with the laytime statement. The SOF records facts. The laytime statement applies the charterparty. If the SOF contains legal conclusions instead of facts, disputes may become harder to resolve. For example, it is better to write “loading stopped due to rain from 1400 to 1700” than “excluded time from 1400 to 1700.”

Agents should also avoid copying previous SOF templates without checking relevance. A tanker SOF should not omit pumping details. A dry bulk SOF should not omit gang numbers or draft surveys where relevant. A multi-berth operation should not omit shifting.

Statement of Facts (SOF) Best Practices

Best practice is to update the SOF continuously during the port call. The agent should not reconstruct the document after sailing from memory. Events should be recorded as they happen and cross-checked with the master, terminal, stevedores, surveyors, and Charterers’ representative.

The SOF should use specific wording. Instead of “waiting,” it should say “waiting for berth,” “waiting for pilot,” “waiting for cargo,” “waiting for trucks,” “waiting for shore crane repair,” or “waiting for customs clearance.” Instead of “weather,” it should say “rain stopped loading,” “high wind stopped crane operation,” or “lightning stopped tanker cargo transfer.”

Supporting documents should be attached or preserved. These may include NOR, free pratique certificate, port log, deck log, engine log, weather report, terminal log, cargo tally, draft survey, pumping log, ullage report, protest letter, hold inspection certificate, and departure clearance.

Standard Statement of Facts (SOF) Example

Standard Statement of Facts (SOF) Example may include the following structure:

Ship Details: Name of Ship: [Insert ship name] IMO Number: [Insert IMO number] Flag: [Insert flag] Port of Registry: [Insert port] Call Sign: [Insert call sign] Ship Type: [Insert ship type] Draft on Arrival: [Insert draft] Draft on Sailing: [Insert draft]

Voyage and Port Details: Voyage Number: [Insert voyage number] Port: [Insert port] Berth: [Insert berth] Loading / Discharging: [Insert operation] Previous Port: [Insert port] Next Port: [Insert port] Agent: [Insert agent]

Cargo Details: Commodity: [Insert commodity] Quantity: [Insert quantity] Bill of Lading Quantity: [Insert quantity] Loading or Discharging Rate: [Insert rate] Special Handling Requirements: [Insert details]

Chronology:

Ship arrived at port limits / anchorage: [date and time]
NOR tendered: [date and time]
NOR accepted / rejected: [date and time and reason]
Free pratique granted: [date and time]
Pilot boarded: [date and time]
First line ashore: [date and time]
All fast: [date and time]
Gangway down: [date and time]
Hold / tank inspection started: [date and time]
Hold / tank inspection completed: [date and time]
Cargo operations commenced: [date and time]
Cargo operations stopped: [date and time, reason]
Cargo operations resumed: [date and time]
Quantity loaded / discharged each day: [insert quantity]
Ship shifted berth: [date and time, reason]
Cargo operations completed: [date and time]
Draft survey / ullage / sampling completed: [date and time]
Documents completed: [date and time]
Pilot boarded for sailing: [date and time]
Ship sailed: [date and time]

Remarks: [Insert weather remarks, terminal remarks, protest remarks, delays, breakdowns, strikes, cargo issues, or documentation problems.]

Certification: I certify that this Statement of Facts is accurate to the best of my knowledge, subject to any remarks or protest stated herein.

Signed by Ship Master: [Name / Date] Signed by Agent: [Name / Date] Signed by Charterers’ Representative: [Name / Date] Signed by Terminal / Receiver / Shipper: [Name / Date]

Conclusion: Statement of Facts (SOF) in Ship Chartering

Statement of Facts (SOF) in Ship Chartering is the essential factual record for port operations, laytime, demurrage, despatch, and charterparty disputes. It records the ship’s arrival, NOR, berth waiting, cargo operations, stoppages, weather, quantities, completion, documentation, and departure. Because it is generally signed by the master and other parties, many courts and tribunals may treat it as prima facie evidence of the times and events recorded.

The Statement of Facts (SOF) is vital in shipping because accurate time records protect commercial rights. Shipowners need it to support demurrage. Charterers need it to defend demurrage or claim despatch. Agents need it to document the port call. Terminals need it to confirm operations. Lawyers and arbitrators need it to understand the facts.

Modern shipping is moving toward digital Statement of Facts systems because demurrage and port operations require faster, cleaner, and more reliable data. Whether paper-based or digital, the best SOF remains the same in principle: accurate, chronological, specific, signed, supported by evidence, and clear about reasons for delay. A well-prepared Statement of Facts (SOF) prevents confusion, reduces disputes, strengthens claims, and improves port-performance transparency.